The Patents and Trade Marks Law (2007 Revision) regulates the recording of patents and trade mark rights in the Cayman Islands and establishes a combined registry of patents and trademarks.
The registry does not operate as an independent jurisdiction but rather by way of extension only of registrations, renewals and registration of assignments from the United Kingdom patents and trade marks registry or the European Community trade marks registry.
Accordingly, before a patent can be registered in the Cayman Islands or before a trade mark can be registered, renewed or assigned in the Cayman Islands, it must first be registered, renewed or assigned, as the case may be, with either (i) the Registry of patents and trade marks registry in London or (ii) the European Community registry in Madrid, Spain. Thereafter, an application may be filed for extension of such rights to the Cayman Islands.
RECORDING OF TRADEMARKS AND PATENTS
The registration procedure in the Cayman Islands is fairly straightforward and takes about one to two months.
The owner of a current patent or trade mark right in the United Kingdom may on payment of the fees prescribed in the schedule to The Patents and Trade Marks Law (2007 Revision) apply to the Registrar to have such right extended in the Cayman Islands and the Registrar upon being satisfied that such application is in order shall record the extension of such right accordingly.
The prescribed fee must be accompanied by an original certified extract of the United Kingdom patents and trade marks register or a certified extract of the European Community trade marks register, as the case may be, for each patent or trade mark, showing that the new registration, renewal or registration of assignment has been duly recorded in that jurisdiction.
The registry will only register patents in one class for a period of twenty years commencing from the date of filing in the United Kingdom. Patents cannot be renewed in the Cayman Islands, once the initial registration period has expired.
THE EFFECT OF RECORDING A TRADEMARK AND PATENT
The effect of the recording of an extension to the Cayman Islands of a right in or to a United Kingdom patent is to afford in the Islands to the owner of the right so recorded all the equivalent rights and remedies available to him in respect of such patent in the United Kingdom.
The effect of the recording of an extension to the Cayman Islands of a right in or to either a United Kingdom trade mark or a community trade mark is to afford in the Islands to the owner of the such right the protection and rights afforded to an owner of a trade mark by virtue of the Merchandise Marks Law (1997 Revision) and all the equivalent rights and remedies available to such owner in the United Kingdom.
PERIOD OF VALIDITY
The protection and rights in the Islands conferred by the Patents and Trade Marks Law (2007 Revision) will date from the time such right arose in the United Kingdom and continue in force so long as the protection and rights remain in force in the United Kingdom.
The Government of the Cayman Islands requires the payment of annual fees by the proprietors of all trade marks recorded in the Cayman Islands. The fee is payable on 1st January each year following registration. There is a one month grace period as from 1st January each year and failure to pay within the time allowed will result in the rights protected by the recorded entry being held in abeyance until the fee is paid. The annual fee payable for each mark is US$121.95 for one class (US$60.98 for each additional class).
POWER OF ATTORNEY
There is no statutory power of attorney required and a simple letter from the proprietor of the patent or trade mark, or their agent and/or attorney instructing the appropriate party to act on their behalf will suffice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.