In the Cayman Islands, trademark registration can be obtained in two main ways:
- Direct national filing – Since August 1, 2017, a trademark can be registered directly through the Cayman Islands Intellectual Property Office.
- Extension of a foreign registration – It is still possible to base protection on a trademark previously registered in the United Kingdom or through the EUIPO, and then extend that protection to the Cayman Islands via the Cayman Islands General Registry CIGR.
You can consult our page on trademark services in the United Kingdom for more information about UK base registrations.
If your Cayman Islands registration is an extension of a UK/EUIPO registration:
- The extension does not need to cover all classes in the basic registration.
- However, it cannot cover any class that is not already included in the original UK/EUIPO registration.
The validity of protection in the Cayman Islands depends on the base mark when you use the extension route:
- If the underlying registration is not renewed in its country of origin, protection in the Cayman Islands will also lapse.
- Once the trademark is renewed in the country of origin, it may be renewed in the Cayman Islands as well.
Regardless of whether your mark is filed directly or via extension, annual maintenance fees are required to keep a Cayman Islands trademark in force:
- These fees must be paid before March 31st of each year.
- It is possible to pay in advance all annual fees due up to the next renewal date of the trademark.
Any change to the base registration (for extension cases), such as transfer of ownership or change of owner name, must also be recorded in the Cayman Islands:
- These changes must be recorded with the Cayman Islands authorities within two (2) months of being recorded in the United Kingdom.
- If they are not recorded, enforcement actions in the Cayman Islands will not be possible in case of infringement.
Once an application is accepted by the Cayman Islands trademarks office, it will be published for 60 days. During this period, third parties may file opposition actions against the registration. This opposition stage has been in place since August 2017.
Registering a trademark in the Cayman Islands (whether directly or by extension) is therefore key to:
- Formalizing and publicizing your rights locally.
- Enabling opposition and enforcement against conflicting later marks.
- Maintaining a clear and enforceable legal position in this important offshore and financial center.
If you file a combined trademark (word + logo), your exclusive right is limited to the exact configuration as filed. If you want to protect the word and logo separately, it is advisable to file separate applications for each element.