Comparative Guides
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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Cayman Islands
The initial term of registration is 10 years from the date of filing, renewable every 10 years thereafter.

For more information about this answer please contact: Sophie Peat from HSM IP
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Cayman Islands
An application must be filed on Form TM6, accompanied by the renewal fee. In addition to the renewal fee, which is due every 10 years, annual fees must be paid every 1 January in order to keep a trademark registration in good standing.

For more information about this answer please contact: Sophie Peat from HSM IP
8.3
What are the grounds for cancelling a trademark registration?
 
Cayman Islands

A third party may apply to cancel a trademark registration on grounds of invalidity and/or revocation. The registration of a trademark may be revoked if:

  • the use made of the trademark by the owner or by another person with the owner’s consent, in relation to the goods or services for which it is registered, is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services; or
  • as a consequence of the action or inaction of the owner, the trademark has become the common name in the respective trade for a product or service for which it is registered.
A trademark may be invalidated if it can be shown that it should never have been registered on absolute or relative grounds.
For more information about this answer please contact: Sophie Peat from HSM IP
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Cayman Islands
The registrar may, subject to the provisions of the Trade Marks Law, remove from the register any matter which appears to the registrar to have ceased to have effect and have the fact of its removal published by way of notice in the IP Gazette.

For more information about this answer please contact: Sophie Peat from HSM IP
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Cayman Islands
An application for revocation or invalidity may be made to the registrar or the court. If filed with the registrar, Form TM15 (revocation) or TM14 (invalidity) should be used. The grounds for revocation/invalidity should be stated on the form. The registered owner will then have the opportunity to file arguments and evidence. The applicant will also have the opportunity to file agreements and evidence in reply. At the conclusion of the evidence rounds, either a hearing will be set or a decision on the papers will be handed down.

For more information about this answer please contact: Sophie Peat from HSM IP
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Cayman Islands
Appeals are made to the Appeals Tribunal, established for the purpose of hearing appeals from persons aggrieved by decisions of the registrar. A further appeal may be made to the Grand Court from a decision of the Appeals Tribunal on a point of law only.

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