Answer ... The Cayman Islands Intellectual Property Office (CIIPO), being a division of the Cayman Islands Government’s General Registry Department (www.ciipo.ky).

Answer ... 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.

Answer ... The Nice Classification system is used in the Cayman Islands.

Answer ... 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.

Answer ... 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.

Answer ... 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.

Answer ... 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.

Answer ... 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.

Answer ... There is no separate or supplemental register on which descriptive marks may be registered.

Answer ... 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.

Answer ... There is no requirement for the applicant to use the trademark commercially in order to obtain a registration.

Answer ... 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.

Answer ... Normally, 60 to 90 days.