Comparative Guides
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Results: 4 Answers
Trademarks
9.
Licensing
9.1
Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?
 
Cayman Islands
There is no quality control requirement, although it would be prudent to include this in the licence agreement. A licence is not effective unless it is in writing signed by or on behalf of the grantor. Unless the licence provides otherwise, the licence is binding on a successor in title to the grantor’s interest.

For more information about this answer please contact: Sophie Peat from HSM IP
9.2
Must trademark licences be recorded with the trademark office or other governing body?
 
Cayman Islands
Form TM11 is used to record a licence. A copy of the licence need not be filed if the application is validated by the agent of the licensor or the licensor. All transactions with the Cayman Islands Intellectual Property Office must be made by a registered agent. Until an application has been made for registration, the prescribed particulars of a licence are ineffective as against a person acquiring a conflicting interest in or under the registered trademark in ignorance of the licence; and a person claiming to be a licensee by virtue of the licence does not have the protection provided by Section 42 of the Trade Marks Law. Where a person becomes the owner or a licensee of a registered trademark by virtue of a licence, then unless an application for registration of the prescribed particulars of the licence is made before the end of the six-month period beginning on the date of the licence – or the court is satisfied that it was not practicable for such an application to be made before the end of that period and that an application was made as soon as practicable thereafter – that person is not entitled to damages or an account of profits in respect of any infringement of the registered trademark occurring after the date of the transaction and before the prescribed particulars of the licence are registered.

For more information about this answer please contact: Sophie Peat from HSM IP
9.3
Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?
 
Cayman Islands
There is no provision in the Trade Marks Law for this, but it is prudent for licensors and licensees to abide by the terms of their licence agreements.

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