Register before 31 December 2016 to ensure protection

A new trade mark law has been published in the Cayman Islands which is expected to come into force in early 2017.

The current system works by the re-registration of national UK registrations, EU trade marks and International registrations by applicants. The new law abolishes this system and replaces it with substantive national laws. From 2017 applications will be examined on absolute and relative grounds, with provision for opposition, as well as revocation proceedings for non-use. There will also be provision for the registration of collective marks and certification marks.

Clients will still be required to pay annual maintenance fees in order to maintain a registration’s validity.

The introduction of the New Trade Marks Bill will almost certainly cause delays to the registration process in the Cayman Islands. Barker Brettell recommends that the owners of UK, EU, or International Registrations covering the UK or the EU, who may wish to register them in the Cayman Islands, do so before the end of this year.