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Amendments to Trademark Laws

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Jan 23, 2012 (Newsletter Issue 1/12)
United Kingdom
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New Patents and TM Law in Cayman Islands

The new Patents and Trade Marks Law 2011 took effect in the Cayman Islands on December 7, 2011.

Following amendments can be reported:
- A registered agent is now required: Proprietors of patents and trade marks can now only transact business with the Registry of Patents and Trade Marks in the Cayman Islands via a registered agent who must be resident in the Cayman Islands.
- Certificates of Good Standing will now be available: The new legislation provides that the Registry, upon request by a registered agent, may issue a certificate of good standing to evidence that a patent or trade mark has been recorded in the Cayman Islands and that all applicable fees have been paid.
- Annual fees and penalty fees: The new legislation provides that if the annual fee is not paid by March 31 of the relevant year, the right protected will be held in abeyance from April 1 until the annual fee and penalty fee is paid. A penalty is payable when the annual fee is paid after March 31. It should also be noted that in the event that an annual fee and the applicable penalty fee is not paid for more than twelve months, the patent or trade mark in question may be cancelled by the Registrar.
- Renewal of expired patents or trade marks: Proprietors should also be aware that whilst their registered agent may apply for an expired patent or trade mark to be renewed, a renewal application which is made more than two months after expiry will attract a late renewal fee in addition to the renewal fee and any outstanding annual and penalty fees.
- Abandoned patents or trade marks: The proprietors shall inform the Registry, via their registered agent, if a patent or trade mark has been abandoned when the Registry will record the protected right as inactive. Upon payment of a re-activation fee and annual fees the protected right may be revived.

To access the new law, please click here. For further information please also check the article of Mr. Moses from Appleby Intellectual Property here

Source: Appleby Intellectual Property, UK

Further information on Cayman Islands see below (Related Territories).