The Cayman Islands is an overseas territory of the United Kingdom in the Western Caribbean Islands, consisting of three islands: Grand Cayman, Lesser Cayman, and Cayman Brac. It is a famous offshore financial center and tax haven. It is also a world-renowned diving destination and tourist resort.
The Intellectual Property Office of the Cayman Islands is responsible for managing trademark affairs. The current trademark regulations in the Cayman Islands are mainly based on the new Trademark Law implemented on August 1, 2017, and the official language is English.
Starting from August 1, 2017, applicants can only register locally in a single country and cannot request extended protection based on existing UK registrations, Madrid designated UK registrations, or EU registrations. The previously protected trademark registration remains valid and applicable to the new Trademark Law mentioned above. In addition, trademark applications in the Cayman Islands cannot claim priority.
At present, trademark applications in the Cayman Islands adopt the Nice classification and accept multiple types of applications. The applicant needs to entrust a local specialized agent to handle the registration application matters. The basic materials required for trademark application are:
1. Trademark design (if it is a combination of text and graphics or a graphic trademark, a trademark design in image format is required, and if a color is specified, a color design is required);
2. Specific categories and product/service items;
3. Applicant's name, address, and email address (where email address is not necessary);
4. Type of applicant (such as individual, registered company, limited company, partnership, trust company, or others);
5. The type of trademark applied for registration (such as standard trademark, certification trademark, or collective trademark);
6.If the trademark contains non English or non Roman characters, translation and transliteration are required.
The main process for applying for registration of a trademark in the Cayman Islands is: application acceptance examination (absolute and relative reasons) announcement approval issuance.
After the application is submitted, the examiner will conduct a formal examination of the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. Those who pass the review will be arranged for announcement. The opposition period is 60 days from the date of announcement, and anyone can raise objections to the registration of the trademark.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in the Cayman Islands takes about 6 months; If there is a rejection or objection midway, the time will be greatly extended.
The Cayman Islands trademark is valid for 10 years after registration, starting from the date of application; Renewal procedures can be processed 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. The application for invalidation and revocation of a trademark registration can generally be filed based on the following reasons:
1. Violation of the prohibitive provisions of Article 23 of the Trademark Law;
2. Violation of Article 25 of the Trademark Law regarding conflicts with prior trademarks;
3. Malicious registration. There is currently no procedure in the Cayman Islands to revoke a trademark for non use.