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Ogier
Camana Bay, Cayman Islands (KY)

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Cayman Islands (KY)

Legal basis is the Trade Marks Act, 2016, and the Trade Marks Regulations, 2017, in force since 1 August 2017.
The Cayman Islands is not a member of the Madrid Agreement, the Madrid Protocol or the Paris Convention.
Trademark protection is obtained by registration. The Cayman Islands is a "first to file" jurisdiction.
However, unregistered rights protected under the common law of passing off may, depending on the evidence, pose an exception to this general rule.
Nice classification, 11th edition
A sign is registrable as a trademark if it is can be graphically represented and distinguishes the goods and/or services of one person from those of another person.
Examples of acceptable trademarks may include words, names, acronyms, letters, designs, numbers, devices, colours, the shape of goods or their packaging, and any combination thereof.

The definition of trademark encompasses trademarks, service marks, collective marks and certification marks.
The application is filed at the Cayman Islands Intellectual Property Office.
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
All applicants (foreign or otherwise) need a local agent.
A power of attorney is not required.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness (absolute grounds) and an examination on prior trademarks (relative grounds). Where, following a search the Registrar believes that there may be relative grounds for refusal of the registration, the Registrar may notify the applicant's agent and the agent of the proprietor of the earlier right. However, the Registrar will not issue an office action based on relative grounds. Office actions are only issued on formal examination and absolute grounds.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The approximate time frame for completing the registration process of a trademark in the Cayman Islands is from 6 months to 1 year.
Trademark applications accepted by the Registrar are published once in the Official Gazette prior to registration.
National:
The opposition period is 60 days from the publication date of the application in the national Gazette.
Protection begins with the date of application in the national Gazette. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication here
The official application fee for filing a trademark application is KYD 200 for one class and KYD 75 for each additional class.
The publication fee is KYD 50. There is no registration fee.

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Practical details on trademark licensing are available in our publication here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

SMD Group thanks the following law firms for their assictance in updating the information provided.

Jul 19, 2022
Ogier, Camana Bay, Cayman Islands  



Ogier



Sophie Peat

Sophie Peat
89 Nexus Way
KY1-9009 Camana Bay
Cayman Islands (KY)
Tel +1 345 949 9876
Fax +1 345 949 9877
cayman@ogier.com
www.ogier.com

Ogier is a law firm that gets straight to the point, managing complexity to get to the essentials. It is a collaborative approach. Our global network of offices covers every time zone.

Ogier’s IP team acts across the full spectrum of Intellectual Property rights, including brands and trade marks, copyright, industrial designs and patents, specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement.

Partner Sophie Peat spearheads Ogier’s global Intellectual Property (IP) group bringing over a decade of top tier international experience to her practice, which encompasses the clearance, prosecution, exploitation and enforcement of the full suite of IP rights, including brands and trade marks, copyright, industrial designs and patents, throughout the world. Sophie is widely recognised as a seasoned expert in IP protection across the Caribbean and in offshore financial centres, carefully guiding clients through this diverse and sometimes difficult to navigate terrain with her in-depth knowledge. Clients appreciate her proactive, comprehensive, and resolute approach.

Ogier is a member of the International Trademark Association (INTA) and MARQUES.