A new Patents and Trade Marks Law came into effect in the Cayman
Islands on December 7, 2011.
Requirement for Registered Agent
As of April 1, 2012, owners of patents or trademarks can no
longer transact business directly with the Registry of Patents and
Trade Marks (the "Registry") in the Cayman Islands.
Pursuant to the new Patents and Trade Marks Law, 2011 (the
"New Law"), only a registered agent who is ordinarily
resident in the Cayman Islands may transact business with the
Registry. General searches however may still be conducted by any
member of the public upon payment of the requisite fees.
Under the New Law, owners of a patent or trade mark recorded at
the Registry prior to the commencement of the law must now appoint
a registered agent upon the next dealing with the Registry in
relation to such patent or trade mark or when they next pay their
Certificate of Good Standing
Other notable changes to the New Law include the introduction of
the additional service of obtaining a Certificate of Good Standing.
The New Law provides that, upon request by the registered agent,
the Registrar may issue a Certificate of Good Standing to evidence
that a patent or trade mark has been recorded in the Cayman Island
and that all applicable annual fees and penalties have been
Renewal of Patent or Trade Mark
It is also now possible for an expired patent or trade mark to
be renewed upon an application by the registered agent and payment
of the relevant fees. However, where a renewal application is filed
more than two months after expiry, a penalty fee
will apply in addition to the renewal fee and any other outstanding
Abandonment of Patent or Trade Mark
Owners of a patent or trade mark should also be aware that there
is now an obligation to notify the Registrar, via their registered
agent, that a patent or trade mark has been abandoned. The
Registrar will then record the patent or trade mark as inactive and
the rights protected by the recorded entry shall be held in
Cancellation of Record
The New Law has given the Registrar increased powers to cancel a
record in circumstances where there is a default in payment of fees
or resignation of a registered agent.
Owners of a patent or trade mark should be mindful that any
default in payment of the annual fees and penalties for more than
twelve months will now render the record of a
patent or trade mark liable to cancellation by the Registrar. The
owner may however reapply for recording as though it were being
recorded for the first time.
It should also be noted that the resignation of a registered
agent with respect to a patent of trade mark shall cause the record
of such patent or trade mark to be cancelled unless the owner of
such patent or trade mark appoints a new registered agent within
sixty days of the Registrar being notified of the
registered agent's resignation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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