CAYMAN ISLANDS
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered.
International Arrangements
Convention priority cannot be claimed.
Renewal
10 years from the filing date, and every 10 years thereafter;
There is a 6 month grace period for payment of these renewal fees;
In addition to the 10-yearly renewal, the Cayman Islands has a strict maintenance fee tax, due for payment in January of each year;
Maintenance fees can be paid up until the 31st of March each year without a late fine, but failure to pay a maintenance fee by the 31st of March each year will result in the protected rights being held in abeyance until such time as the annual fee and the penalty fee have been paid.
Use Provisions
Defaulting on the payment of the annual fees and penalties for a period longer than 12 months renders the mark vulnerable to cancellation by the Registrar.
Patent information
Types of Patent
Re-registration of UK or EP(UK) patents.
International Arrangements
Convention priority cannot be claimed.
Duration
Re-registration patents expire upon the expiration of their corresponding parent EP(UK) patent.
Renewal
Renewals are not due per se, but the Cayman Islands has a strict maintenance fee tax, due for payment in January of each year;
Maintenance fees can be paid up until the 31st of March each year without a late fine, but failure to pay a maintenance fee by the 31st of March each year will result in the protected rights being held in abeyance until such time as the annual fee and the penalty fee have been paid.
design information
A new Design Rights Registration Law was passed on 16th November 2016. Under this new law, the reregistration of UK registered designs and Registered Community Designs in the Cayman Islands will afford the owner all the equivalent rights and remedies available to them in respect of that design right in the UK. Please refer to the recent articles in our "Latest IP Developments" section for further information.
International Arrangements
Convention priority cannot be claimed.
Duration
Re-registration designs expire upon the expiration of their corresponding parent UK/Community design.
Renewal
Renewal fees are payable at the time of renewal of the corresponding UK design registration, every 5 years from the UK filing date. If an application for renewal is filed more than two months after the expiry date recorded in the Register, a penalty fee is payable.
In addition, the Cayman Islands has a strict annual maintenance fee tax, due for payment in January of each year. Maintenance fees can be paid up until the 31st of March each year without a late fine, but failure to pay a maintenance fee by the 31st of March each year will result in the protected rights being held in abeyance until such time as the annual fee and the penalty fee have been paid. Default in the payment of the annual fees and penalties for more than twelve months renders the record of a design right liable to cancellation by the Registrar.
latest Cayman Islands articles
