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Amendments to Trademark Laws

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Jul 19, 2024 (Newsletter Issue 6/24)
Cayman Islands
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Timing is everything!


The Cayman Islands Intellectual Property Office (CIIPO) has introduced a new rule relating to its business hours in Practice Direction No. 1 of 2024: Time Limits. See here.

CIIPO's business hours are defined as being Monday to Friday from 9 a.m. to 4 p.m. and any applications (including forms or documents) received by CIIPO after 4 p.m. on any working day will be deemed filed the next working day. This means that if, for example, a new trade mark application is received by CIIPO at 4.01 p.m. on e.g. a Monday, it will receive a filing date of the next working day, being a Tuesday. Similarly, if an application for a trade mark renewal is filed on the official deadline falling on Monday, but after 4.01 p.m. the application will be deemed "late-filed" and additional fees will fall due as a result of filing within the grace period.

Since the implementation of the Trade Marks Act, 2016 ('the Act'), back in August 2017 CIIPO has treated applications filed on a Saturday as being late-filed where deadlines fall on Saturday. CIIPO expects such applications to be filed the Friday prior and does not extend the time limit to the next working day. Indeed, under the Act it is only deadlines falling on excluded days (being Sundays and Public Holidays) that are extended to the next working day. CIIPO's Practice Direction reinforces this practice.

The remainder of the Practice Direction is helpful to trade mark agents looking for an easy-to-digest summary of the types of time limits allowed under the Act, guidance on how to compute time limits and the types of extendable and non-extendable time limits under the Act and Trade Marks Regulations, 2017.


Source: www.ogier.com