Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Trademarks
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
 
Cayman Islands
Unregistered rights in a mark can be acquired through use if goodwill protectable under the common law of passing off is created. The owner of the goodwill must be able to demonstrate a misrepresentation leading to damage in order to succeed in a case of passing off. The evidential burden is high.
For more information about this answer please contact: Sophie Peat from HSM IP
6.2
What legal rights are conferred by a trademark registration?
 
Cayman Islands
The owner of a trademark has the exclusive right to use, license and sell the registration for the duration of the trademark registration.

For more information about this answer please contact: Sophie Peat from HSM IP
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
 
Cayman Islands
No.

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