Jul 19, 2024 (Newsletter Issue 6/24)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 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, current edition (12th)
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
hereThe 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
hereOnline 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.
Oct 08, 2024
Ogier, Camana Bay, Cayman Islands
