The Patents and Trade Marks Law 2011 governs the recording of
intellectual property rights in the Cayman Islands. The Law
establishes a registry of patents and trade marks. This Register is
maintained in the office of the Registrar General.
The Cayman Islands registry serves to extend patent and
trademark rights that have been registered in other jurisdictions,
rather than being a registry of original registration; only those
rights already registered in jurisdictions prescribed by law may be
registered in the Cayman Islands.
In 1998 legislation was introduced to allow EC trademarks to be
extended to Cayman. This enlarged the scope of acceptable
registrations, which had previously been confined to the United
Kingdom and Madrid Protocol (with UK designation) trademark rights.
This means that before a trade mark can be registered, renewed or
assigned in the Cayman Islands, it must first be registered,
renewed or assigned with either the registry of patents and trade
marks in London or the EC registry in Madrid. Thereafter, it is
straightforward to record rights in the Cayman Islands.
A person wishing to register a trade mark or patent must engage
a Registered Agent. Only such an agent can transact with the
Registry. SMCS is pleased to provide this service
Recording of patents and trade marks
The Registrar must be satisfied that an application complies
with Registry requirements (including the submission of an original
certified extract from the UK or EC register) and that the
prescribed fees have been paid. The fee structure is based on the
number of classes in which the trademark is registered.
Once in possession of this material The Registry will grant the
extension of rights. Patens may be registered for a period of 20
years and the period of validity is dependent on the continued
registration in the UK/EC.
All recordings made on the Register shall be published in the
Cayman Islands Gazette. Publication is prima facie
evidence of the recording.
Effect of registration
The effect of recording in the Cayman Islands a right in or to
either a UK patent is that it bestows the owner with all the
equivalent rights and remedies available to him or her in the
The recording of an extension of a right in or to either a UK
trade mark or an EC trademark provides the owner with the same
protection and rights afforded to an owner under the Merchandise
Marks Law (1997 Revision) and all other rights to which the owner
is entitled to exercise and enforce in the UK/EC.
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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As reported in the market updates section of this newsletter, the UAE Ministry of Economy recently reviewed the fees charged by its various departments, including the Trade Mark, Patent and Copyright Office.
The latest edition of the UAE Trade Mark Gazette was published on 13 September 2015 and we have made a copy of this Gazette available online.
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