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Filing Requirements:

Trademarks: Cayman Islands


  Filing Requirements:
  1. Copy of trademark registration in UK, if not available then CTM or IR designated UK. 

  2. Power is not required.

  3. Revised patents and trademarks law (1999) requires that the application to be based on an existing UK or CTM, or an international registration which covers the UK. 

 

  Classes:

A trademark does not have to be registered in the Cayman Islands in all classes covered by the UK, European Community or International Registration. However, the UK, Community or International registration must cover the classes in which the applicant requires their registration in the Cayman Islands.

 

 

  Annual Fees:

Once a trademark or patent is registered in the Cayman Islands, an annual fee is payable on 1st January each year. Upon payment of the said annual fee, the Registry will issue an official receipt attesting the said payment.

It is possible to pay all the annual fees due in advance up to the next renewal date for trademark or to the end of the expiry date of the patent. The renewal or expiry date will be the same as stated in the UK, Community or International Registration. Paying annual fee in advance will result in considerable saving of professional fees.

Failure to pay an annual fee will result in the rights protected by the registration being placed in abeyance. Whilst there are currently no cash penalties for late payment, the registration will not be considered to be in good standing and cannot be renewed or enforced until all the areas of annual fees have been paid.

 

 

  Renewal:

A trademark registration can be renewed in the Cayman Islands once the underlying UK, Community or International Registration has been renewed. The renewal date will be the same as stated in the UK, Community or International Registration.

Notes:

It takes approximately two months for the Registry to process a renewal application. Once the Cayman renewal is complete, the Registry will issue the Renewal Certificate.

 

 

  Abandonment:

Please inform us as soon as possible if the client wishes to abandon a trademark or patent or allow it lapse in order for us to update our records and advise the Registry accordingly. This will avoid sending our unnecessary reminder notices regarding annual fees and other matters.

 

 

  Assignment and change in particulars:

It is mandatory that any changes in the underlying UK, Community or International registration must be recorded in the Cayman Islands within two months thereof. If the change is not recorded within this time, the rights protected by the registration will be placed in abeyance. This will effectively prevent any enforcement action being taken.

Requirements:

  1. Power of attorney simply signed.

  2. Certified copy of the certificate of change of name.

  3. List of trademarks concerned.

 

General Information:

Claiming priority under Paris Convention: No.

 

Registration Duration: Depending on UK Registration.

 

Classification of Goods/ Services: International or Former UK Classification.

 

Time until Issuance of Registration: 2 Months.

 

 


 

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