About Loeb Smith
People
Sectors
Expertise
- Legal Service
- Banking and Finance
- Blockchain, Fintech and Cryptocurrency
- Capital Markets and Privatization
- Corporate
- Cybersecurity and Data Privacy
- Insolvency, Restructuring and Corporate Recovery
- Insurance and Reinsurance
- Intellectual Property
- Investment Funds
- Litigation and Dispute Resolution
- Mergers and Acquisitions
- Private Client and Family Office
- Private Equity and Venture Capital
- Governance, Regulatory and Compliance
- Entity Formation and Managed Services
- Consulting
- Legal Service
News and Announcements
Locations
Subscribe Newsletters
Contact
The New Cayman Islands Trademarks Regime Goes Live
14 August 2017 . 8 min readIn the previous issue of our series of legal insights on owning intellectual property (IP) through a Cayman Islands corporate structure, we presented a brief overview of the new trademark registration process introduced by the new Cayman Islands Trade Marks Law, 2016 and the Trade Marks Regulations, 2017 (see The New Cayman Islands Trademarks Regime). The new regime has now become effective as at 1st August 2017 (the “Effective Date“), and additional guidance has been released with respect to transitional provisions:
1. Existing Trade Marks: All existing trade marks will be considered as transferred to the new Register of Trade Marks until their scheduled renewal date, when they should be renewed in accordance with the New Trade Marks Regime. However, the Registrar is required to take the necessary steps to ensure that these existing trade marks are not inconsistent with the criteria for accepting registration of trade marks under the new law, i.e. that there are no absolute or relative grounds for refusal of registration. If there are grounds for refusal of registration, the registration of an existing trade mark may be declared invalid under Section 45 of the Trade Marks Law, 2016.
2. Expired or In-Abeyance Trade Marks: The trade marks which have expired prior to the Effective Date, and any trade marks currently held in abeyance for non-payment of annual fees will not be automatically transferred to the Register of Trade Marks, and owners of such trade marks are required to reapply to have their trade marks registered under the New Trade Marks Regime.
3. Transitional Provisions: All matters pending before the Court or the Registrar as at the Effective Date, for a decision on the basis of the previous trade mark registration regime will remain governed by the old law, as well as any infringement of a registered trade mark committed before the Effective Date.
This is not intended to be a substitute for specific legal advice or a legal opinion. For specific advice, please contact:
Ramona Tudorancea
E ramona.tudorancea@loebsmith.com
Latest Updates and Insights
INSIGHTS | 04 June 2025
Artificial Intelligence and Intellectual Property in the Cayman Islands and the BVI
The rapid advancement of artificial intelligence (AI) continues to raise complex questions about the applicability of intellectual property (IP) laws to AI and AI-generated works.
INSIGHTS | 02 June 2025
Fiduciary Duties of a General Partner of a Cayman Islands exempted limited partnership
The Cayman Islands (Cayman) continues to be the leading offshore jurisdiction for the establishment of hedge funds, private equity funds, and investment funds focused on other asset classes. A large number of Cayman funds (typically private equity, venture capital or real estate focused funds) are structured as exempted...
INSIGHTS | 30 May 2025
Cryptoasset trading in Cayman Islands
What rules and restrictions govern the exchange of fiat currency and cryptoassets? Assuming the subject cryptoassets fall within the definition of virtual assets under the Virtual Asset (Service Providers) Act (As Revised) (VASP Act), the exchange of fiat currency and cryptoassets will likely constitute a virtual asset service...
INSIGHTS | 26 May 2025
Cayman Islands: Growth in use of parallel funds structures
The Cayman Islands is a leading offshore jurisdiction for investment funds known for its investor friendly regulations, tax neutrality, robust legal framework, regulatory environment, professional services infrastructure and global reach. It offers significant benefits, including no corporate income tax, capital gains tax or inheritance tax, making it attractive...