Cayman Islands Trademarks Comparative Guide

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Trademarks

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Appeals

4.1

If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?

Cayman Islands

HSM IP

Answer ... Any person aggrieved by a decision of the registrar (including any act of the registrar in exercise of a discretion vested in the registrar by the Trade Marks Law) may appeal to the Appeals Tribunal.

For more information about this answer please contact: Huw Moses from HSM IP

4.2

What is the procedure for appealing a trademark office refusal?

Cayman Islands

HSM IP

Answer ... Notice of appeal must be made on Form TM21 and shall include the appellant’s grounds of appeal and the case in support of the appeal. The appeal must be filed with the chairman of the Appeals Tribunal and a copy filed with the registrar within 14 days of the date of notification of the registrar’s decision.

For more information about this answer please contact: Huw Moses from HSM IP

4.3

Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?

Cayman Islands

HSM IP

Answer ... 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: Huw Moses from HSM IP

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Trademarks