Trademarks Law in Cayman Islands (BOT)
Hereโs a detailed overview of Trademark Law in the Cayman Islands, a British Overseas Territory (BOT):
๐ Legal Framework in the Cayman Islands
1. Primary Legislation
The Trade Marks Act, 2016
Came into force on August 1, 2017, replacing the older UK-based system.
It modernized Caymanโs trademark system, enabling local trademark registration and aligning it with international standards.
2. Supporting Regulations
The Trade Marks Regulations, 2017
๐ก๏ธ What Can Be Registered as a Trademark?
Registrable marks include:
Words, names, logos
Letters and numerals
Designs, symbols, colors
Shapes, sounds, and combinations of these
Slogans or taglines (if distinctive)
The mark must:
Be distinctive
Not be descriptive or misleading
Not be identical or confusingly similar to existing marks
โ๏ธ Rights Granted
Trademark registration gives the owner:
Exclusive rights to use the mark in the Cayman Islands for the goods/services listed
Right to oppose others using identical or confusingly similar marks
Legal standing to enforce rights through civil litigation
Ability to license or assign the trademark
๐ Duration and Renewal
Valid for 10 years from the filing date
Renewable indefinitely for additional 10-year periods
A grace period for late renewal is available (with surcharge)
๐๏ธ Administration and Registration
Managed by the Cayman Islands Intellectual Property Office (CIIPO)
Website: https://www.ciipo.gov.ky
The system is independent from the UK Intellectual Property Office (UKIPO).
Direct registration is required; no longer tied to UK marks.
Follows the Nice Classification system for goods and services.
๐ International Treaties
The Cayman Islands is not directly a party to treaties like:
Madrid Protocol
Paris Convention
However, the UK (as the sovereign state) is a party to these treaties, so some international trademark protections may apply indirectly, especially for well-known marks.
๐ Enforcement
Enforcement is through Cayman Islands courts
Remedies for infringement include:
Injunctions
Damages or account of profits
Destruction of infringing goods
Additional Notes
Trademarks not used for 3โ5 years may be subject to revocation for non-use
Trademark searches, oppositions, and renewals can be filed through CIIPO
No automatic protection exists for UK or EU trademarks โ local registration is required for full protection in the Cayman Islands
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