Trademark Registration

Protect your brand in the Cayman Islands by availing the Trademark Registration services of Enterslice. Package inclusions: Advisory on the procedure of obtaining Trademark Registration Assistance in conducting search for Trademark Registration Arranging the necessary necessary papers required for..

100000 + Happy Customer

100000 +

Happy Customer

50000 + CA & Lawyers

50000 +

CA & Lawyers

50 + Offices

50 +

Offices

Rated at 4.9 By 30000 + Customers Globally

Google Reviews

9,500+ Happy Reviews4.8/5 | 9,500+ Happy Reviews

REQUEST A CALL BACK

Rated at 4.8 Rated at 4.8/5 9,500+ Happy Reviews

Overview of Trademark Registration in the Cayman Islands

A trade mark may consist of words, images, numbers, letters, personal names, slogans, the packaging of goods, or a combination of any of these. They also serve as ‘indicators of origin’ by distinguishing the goods or services of the entrepreneur’s enterprise from that of his competition.

Trademarks are property, and they have value and, because they are property, they can be licensed or assigned to others. Similar to owning a home, for instance, a trade mark owner has the exclusive rights to permit the use of his/her trade mark by others.

A company or business name, however, is simply a name used to identify the business. It does not give you exclusive rights to that name. Registering the company or business name neither automatically protect the name as a trade mark.  Nor guarantee that the name is registered as a trade mark.

Authority Responsible for Trademark Registration in the Cayman Islands

The trademark registered in the Cayman Islands is handled by the Cayman Islands Intellectual Property Office (CIIPO)

Laws Governing Trademark Registration in Cayman Islands

 The laws that govern trademark registration in Cayman Islands is  The Trade Marks Law, 2016 (Law 31 of 2016), to be read in conjunction with the Trade Marks Regulations, 2017 and the Trade Marks (Transitional Provisions) Regulations, 2017.

Benefits of Trademark Registration

The benefits of trademark registration in the Cayman Islands are discussed below-

Proof of Ownership

The proprietor of a registered trade mark can simply rely on its trade mark registration certificate to prove ownership, and the trade mark registration will be presumed valid unless and until the infringer can successfully demonstrate otherwise through arguments.

Exclusive Rights in the trademark

Proprietors of registered Cayman Islands trademarks have the exclusive right of using the mark, and registered rights are not infringed by third-party use of the trade mark in the Islands without the proprietor's consent. There are some exceptions, but this is a general principle.

Trademark registrations are valid from the date of filing

For those with a new brand idea but not yet ready to start using the brand, filing a trade mark application prior to first use not only puts a flag in the sand but can also be a good way to alert third parties to the proprietor’s rights as trade mark applications are published in the Cayman Islands Gazette, Intellectual Property Edition.

Disincentive to potential infringers

 It is always advisable to conduct a trade mark search prior to committing to a brand in order to ensure the non-existence or ownership of a similar/identical trade mark by a third party in respect of identical/similar goods and/or services. In-use searches are also recommended to check for any conflicting common law rights. It is common practice for businesses to conduct full trade mark clearance searches before filing a trade mark application, and if their searches reveal a conflicting earlier registration, this will act as a disincentive to move forward with the chosen brand.

Defence to an infringement action

Once a trade mark is registered, it cannot be infringed by the use of another registered trade mark of goods or services for which the latter trade mark is registered. In order to successfully bring infringement proceedings, the owner of the later trade mark registration would first have to invalidate the earlier trade mark registration through invalidity proceedings brought before the CIIPO or the Court.

Monetization of the  brand

A registered trade mark has an economic value. It can be sold or licensed to a third party in exchange for payment or royalties. It may also act as security before a bank or other financial institution in exchange for a loan.  Third-party buyers, licensees and banks are much more likely to invest in a registered trade mark than an unregistered trade mark. The basic details of their investment should also be recorded on the public register through the filing of the relevant record applications at CIIPO.

Protection against trade mark trolls and cyber squatters

Once the brand reputation is built, the entrepreneur may encounter trade mark trolls and cyber squatters seeking to register their brand as a trade mark or domain name with no intention of using it.  Securing a  registered trade mark early on will help avoid such characteristics. In the context of domain name dispute resolution proceedings, ownership of a registered trade mark is a stronger right to rely on than an unregistered trade mark. The bottom line is that trade mark registration is a good investment and that the long-term protection gained is worth the initial investment.

Eligible Trademark in Cayman Islands

Any sign that is capable of being represented graphically and of distinguishing the goods or services of one undertaking from those of others may serve as a trademark under the Trademarks Law.

 Such signs may consist of words (including personal names), designs, numerals, letters or the shape of goods or their packaging. Sound, smell and colour marks are not expressly excluded. However, it may be difficult for such marks to satisfy the graphical representation requirement.

Marks are not considered as Trademark in the Cayman Islands

The following won't be registered as trademarks under the Trademarks Law:

  • signs which are not capable of graphical representation and are not capable of distinguishing the goods or services of one undertaking from those of others;
  • trademarks which do not have any distinctive character;
  • trademarks which consist exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production of goods or provision of services, or other characteristics of goods or services;
  • trademarks which consist exclusively of signs or indications which have become customary in the current language or in bona fideand established practices of the trade;
  • signs which consist exclusively of a shape which results from the nature of the goods themselves;
  • signs which consist exclusively of a shape of goods which is necessary to obtain a technical result;
  • signs which consist exclusively of a shape which gives substantial value to the goods;
  • signs which are contrary to public policy or to accepted principles of morality;
  • trademarks which may deceive the public as to the nature, quality or geographical origin of the goods or services or any other feature of the goods or services;
  • trademarks which contain any word, letter or device specified by the registrar as a restricted or prohibited word, letter or device;
  • trademarks whose use is prohibited in the Cayman Islands by any law;
  • trademarks which are filed in bad faith; and
  • Trademarks which consist of or contain national flags, insignia of royalty, insignia of international organisations and national emblems or the design of such flags without consent.

necessary papers Required for Trademark Registration in Cayman Islands

The following information and Paper works are required:

  • a request for the registration of the trade mark
  • name, address and e-mail address of the applicant
  • type of applicant (e.g. person, a registered company, LLC, partnership, trust or "other")
  • name, address and e-mail address of the appointed registered agent
  • type of trade mark (e.g. standard trade mark, certification mark or collective mark)
  • one representation of the trade mark
  • statement of goods and/or services
  • Classification of goods and/or services
  • English translation of any words or non-Roman characters

Procedure for Registration of Trademark in Cayman Islands

The applicant must follow the below-mentioned procedure for Trademark Registration in the Cayman Islands 

 Designing the brand

 The entrepreneur must design a distinctive trademark for the business. The trademark may consist of words (including personal names), designs, numerals, letters or the shape of goods/packaging. Signs which fall within the scope of the absolute grounds objections cannot be registered.

Hiring a Registered Agent

As per the Trade Marks Law in the Cayman Islands, which was effective on 1 August 2017, in order to apply for a trademark, the applicant must appoint a local Registered Agent to submit the application based on the Nice system of classification. Like Trademark Laws in other jurisdictions, the law also includes provisions regarding collective and certification marks, opposition and infringement proceedings and requirements to register particulars relating to certain transactions.

Application filing

The Registered Agent shall complete Form TM3 accordingly. The applicant should provide the requisite information and necessary papers. Any marks comprised of non-English words or non-Roman characters must be translated.

Examination of the application

 Upon the submission of the application to the CIIPO, the Examiners endeavour to complete a preliminary examination of the trademark application within 14 days of receipt of the application.

Advertisement for public

A substantive examination is generally conducted within 30 to 60 days from the completion of the preliminary examination. If acceptable, the application will then be published in the Intellectual Property Gazette for opposition purposes for a period of 60 days.

Successful registration

After the end of the opposition period, assuming no oppositions are filed, the application will proceed to registration, and a Certificate of Registration will be issued.

Renewal of Cayman Islands Trademark registration

A trade mark registration is valid for 10 years, after which it can be renewed for like periods.  

Frequently Asked Questions

The benefits of trademark registration in the Cayman Islands are- Proof of Ownership Exclusive Rights in the trademark, Trademark registrations are valid from the date of filing, Disincentive to potential infringers, Defence to an infringement action, Monetization of the brand, Protection against trade mark trolls and cyber squatters.

The Trade Marks Law, 2016, r/w the Trade Marks Regulations, 2017 and the Trade Marks (Transitional Provisions) Regulations, 2017, governs trademark registration in the Cayman Islands.

Yes, The Nice Classification system is used in the Cayman Islands.

Any person has standing to oppose a trademark application.

The Cayman Islands is handled by the Cayman Islands Intellectual Property Office (CIIPO) is responsible for trademark registration in Cayman Islands.

We partner with more than 100+ companies

-- Testimonials

Don't take our word for it

In the news