A new Trade Marks Act is in the process of being finalized in the Cayman Islands. It is anticipated that the new law will be passed by the end of 2015 and implemented in the first quarter of 2016.
The new law will make it possible for trade mark proprietors to file for trade mark protection in the Cayman Islands directly. Currently, it is only possible for proprietors to gain trade mark protection in the Cayman Islands by way of an application to extend an existing UK or Community trade mark registration. This can be a costly and time consuming process, particularly for proprietors who have no desire or need to maintain trade marks in the UK and/or EU.
The new law provides for a full examination and opposition process, as well as modern trade mark infringement provisions and effective remedies. Interestingly, the new law does not make any requirements that a proprietor “use” a trade mark once registered.