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The Cayman Islands Makes Alterations in Trademark Legislation

Source: Grill IP patents news

cayman-islands-trademark-billThis August, the Cayman Islands published a draft set of laws aimed at modernizing the country’s intellectual property regime. The preceding months saw an enlargement of the government’s copyright laws. The 2016 Trade Marks Bill is set to do something similar in the realm of IP rights.

         Far from finalized, this Bill’s enactment is set for sometime in early 2017. Once in action, the legislation will significantly later the way that trademark owners protect their marks in the Islands. The biggest change will take the form of a local trademark registry. As of now, owners must extend their existing UK registration to obtain legal protection in the Islands. This law will afford owners the ability to register trademarks directly in the Islands. Additionally, relative and absolute grounds for registration refusal are provided for in this Bill, as are provisions for revocation and opposition. Fines and even potential imprisonment await those committing trademark infringement. All mark owners are compelled to operate through an agent in the Cayman Islands, and terms for both registration and renewal are set at ten years.

    In short, there are no regulations explaining the impact of the law on UK mark extensions and current registrations exist today. Those owning UK registrations that plan on registering their mark in the Cayman Islands should act quickly and so avoid possible delays or issues with the bill’s grounds for opposition or refusal.

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