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Results: 4 Answers
Trademarks
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
 
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 Trade Marks 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.

For more information about this answer please contact: Sophie Peat from HSM IP
2.2
What are the requirements for a designation or other identifier to function as a trademark?
 
Cayman Islands
A designation or other identifier must be capable of distinguishing the goods or services of one undertaking from those of others in order to function as a trademark.

For more information about this answer please contact: Sophie Peat from HSM IP
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
 
Cayman Islands
The following shall not be registered as trademarks under the Trade Marks 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 are devoid of 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 fide and 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.
For more information about this answer please contact: Sophie Peat from HSM IP
Contributors
Cayman Islands