Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Cayman Islands
Third parties can oppose trademark applications.
For more information about this answer please contact: Sophie Peat from HSM IP
5.2
Who has standing to oppose a trademark application?
 
Cayman Islands
Any person has standing to oppose a trademark application.

For more information about this answer please contact: Sophie Peat from HSM IP
5.3
What is the timeframe for opposing a trademark application?
 
Cayman Islands
The opposition period is open for a period of 60 days from the date of publication in the IP Gazette. A notice of opposition (Form TM4) and statement of grounds must be filed. The opposition deadline cannot be extended.

For more information about this answer please contact: Sophie Peat from HSM IP
5.4
Which body hears oppositions?
 
Cayman Islands
The registrar shall hear the opposition proceedings.

For more information about this answer please contact: Sophie Peat from HSM IP
5.5
What is the process by which an opposition proceeds?
 
Cayman Islands

Within 60 days of the date on which the registrar sends the notice of opposition and statement of grounds to the applicant, the applicant must send to the registrar a counterstatement (Form TM5). Where the applicant fails to file a counterstatement within the time allowed, the application –insofar as it relates to the goods and services in respect of which the opposition proceeding is directed – shall be deemed to be withdrawn, unless the registrar directs otherwise.

Where the applicant files a counterstatement, the registrar shall immediately send a copy of the same to the opponent. Within 90 days of the date on which the registrar sends the copy of the counterstatement to the opponent, the opponent shall submit to the registrar evidence by way of witness statement and any accompanying exhibits as the opponent may desire to adduce in support of the opposition proceedings, and shall deliver to the applicant a copy of such evidence. The applicant will also have the opportunity to file evidence in response.

Upon completion of the evidence rounds, the registrar shall give notice to the parties of a date on which the arguments in the case will be heard. Within seven days of the date on which the registrar sends such notice, both parties must notify the registrar as to whether they wish to be heard (Form H1) or whether, instead, they wish for a determination from the papers to be made. If neither party wishes to be heard, the registrar shall notify the parties and make a determination from the papers.

For more information about this answer please contact: Sophie Peat from HSM IP
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Cayman Islands
Appeals are made to the Appeals Tribunal, established for the purpose of hearing appeals from persons aggrieved by decisions of the registrar. The procedure is outlined in the question 4.2.

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