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Results: 4 Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
 
Cayman Islands
The Cayman Islands Intellectual Property Office (CIIPO), being a division of the Cayman Islands Government’s General Registry Department (www.ciipo.ky).

For more information about this answer please contact: Sophie Peat from HSM IP
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
 
Cayman Islands
CIIPO charges CI$200 to process an application through to registration in one class and CI$75for each additional class. A publication fee of CI$50 is also applicable per mark.

For more information about this answer please contact: Sophie Peat from HSM IP
3.3
Does the trademark office use the Nice Classification scheme?
 
Cayman Islands
The Nice Classification system is used in the Cayman Islands.

For more information about this answer please contact: Sophie Peat from HSM IP
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
 
Cayman Islands

General indications found in the class headings between semicolons will be accepted as sufficiently clear and precise. Where class headings are used, it will be assumed that the scope of cover is not intended to cover all goods in the class, but rather the ordinary meaning of the words. The applicant can choose to list specific goods or services in addition to the class heading. The following general indications of class headings will not be accepted, as they are considered to lack clarity and precision to specify the scope of protection for which the trademark is sought:

  • Class 7 – Machines and machine tools;
  • Class 37 – Repair;
  • Class 37 – Installation services;
  • Class 40 – Treatment of materials; and
  • Class 45 – Personal and social services rendered by others to meet the needs of individuals.
The expression ‘all goods’ or ‘all services’ is considered too broad and too vague and will not be accepted.

For more information about this answer please contact: Sophie Peat from HSM IP
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
 
Cayman Islands
There is no requirement for an applicant to have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration.

For more information about this answer please contact: Sophie Peat from HSM IP
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
 
Cayman Islands
The registrar will not refuse an application on relative grounds unless an earlier rights holder files a successful opposition against the application. The registrar will, however, conduct a search of earlier trademarks on the register to such extent as the registrar considers necessary. The purpose of the search is to ascertain whether there are on record, in respect of the same goods or services or description of goods or services, any marks that are identical to the mark applied for, or that so nearly resemble it as to render the mark applied for likely to deceive or cause confusion. Where this appears to be the case, the examiner shall notify this fact to the applicant’s registered agent and the registered agent of the proprietor of the earlier right.

For more information about this answer please contact: Sophie Peat from HSM IP
3.7
What types of examinations does the trademark office perform other than relative examination?
 
Cayman Islands
The examiner endeavours to complete a preliminary examination of the trademark application within 14 days of receipt of the application and then issues a filing date. The purpose of the preliminary examination is to check that the application form has been completed correctly. Substantive examination is generally conducted within 30 to 60 days of completion of the preliminary examination, and the focus is on examination on absolute grounds. The registrar will check that the trademark application does not fall within one of the exclusions to registration as set out in question 2.3.

For more information about this answer please contact: Sophie Peat from HSM IP
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
 
Cayman Islands
The full list of grounds on under which a mark is ineligible for registration – including public policy reasons – is set out in question 2.3. As explained in question 3.6, the examiner will not refuse an application on the basis of confusion with a senior mark.

For more information about this answer please contact: Sophie Peat from HSM IP
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
 
Cayman Islands
There is no separate or supplemental register on which descriptive marks may be registered.

For more information about this answer please contact: Sophie Peat from HSM IP
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
 
Cayman Islands
There is no provision for the submission of such a letter in the Trade Marks Law. However, where an application has been published, any person, at any time before registration of the trademark, may make observations in writing to the registrar as to whether the trademark should be registered and the registrar shall inform the applicant of those observations.

For more information about this answer please contact: Sophie Peat from HSM IP
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
 
Cayman Islands
There is no requirement for the applicant to use the trademark commercially in order to obtain a registration.

For more information about this answer please contact: Sophie Peat from HSM IP
3.12
How much time does it typically take from filing an application to the first office action?
 
Cayman Islands
Substantive examination is generally conducted within 30 to 60 days of completion of the preliminary examination. If acceptable, the application will then be published in the IP Gazette for opposition purposes for a period of 60 days (the opposition period cannot be extended). If there are objections, an office action should be issued shortly after completion of the substantive examination.

For more information about this answer please contact: Sophie Peat from HSM IP
3.13
How much time does it typically take from filing an application to publication?
 
Cayman Islands
Normally, 60 to 90 days.

For more information about this answer please contact: Sophie Peat from HSM IP
Contributors
Cayman Islands