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Amendments to Trademark Laws

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Jan 28, 2025
Cayman Islands
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Upcoming changes regarding the recording of trademarks with Customs


Effective 17 June 2026, it will be possible for owners of trade marks registered in the Cayman Islands to provide Cayman Islands Customs and Border Control with a notice of their registered rights as a practical new mechanism to tackle counterfeit and infringing goods at the border. The change is introduced by the Trade Marks (Customs and Border Control) Regulations, 2025, which give effect to section 61 of the Trade Marks Act, 2016.

A notice must be submitted to the Director of Customs and Border Control using the prescribed form set out in schedule 2 of the Regulations. Each notice must be accompanied by a fee of CI$200 and a copy of the relevant trade mark registration certificate. The details of any expected importations of counterfeit goods may also be provided on the notice, if known. A separate notice is required for each trade mark registration and remains valid for up to 5 years, so long as it does not extend beyond the current period of validity of the underlying trade mark registration. Where a section 61 notice is in force, infringing goods will be treated as prohibited and forfeited by the importer. Goods imported for private and domestic use are excluded and will not be treated as prohibited.

For more information please see the Q&A with Sophie Peat of Ogier at the following link (New trade marks customs regulations in the Cayman Islands | Ogier) or contact her at sophie.peat@ogier.com


Source: www.ogier.com