– The Trade Marks Law, 2016, published with Gazette No. 26 of December 19, 2016.
– The Trade Marks Regulations, 2017, published with Gazette No. 43 of May 26, 2017.

Any mark which is: (a) used in relation to goods or services for the purpose of indicating a connection in the course of trade between such goods or services and some person having a right to such mark which is currently registered as such in the United Kingdom or Madrid Protocol countries (with U.K. and/or EU designation); or (b) registered as such in accordance with the conditions contained, and in the manner provided in the Regulation (EC) No. 40/94 made by the Council of European Union on December 20, 1993 (a “Community mark” now renamed “European Union Trade Mark”), may be recorded in the Cayman Islands. No other trade or service mark is capable of being registered in the Islands. 

Remark on IP implications of the U.K.’s referendum vote of June 23, 2016 to leave the European Union: the U.K. left the EU on January 31, 2020, and the associated transition period to formalise the future relationship between the U.K. and EU ended on December 31, 2020. Holders of EU Trademarks (EUTMs) and Registered Community Designs (RCDs) which were granted and published before the end of the transition period were granted equivalent U.K. registrations automatically.

Applicant: application must be made by a registered agent resident in the Cayman Islands, acting on behalf of the registered owner of the trademark or service mark. The appointment of the agent must be by power of attorney.

Publication in the Cayman Islands Gazette: all recordings made in the Registry are published in the Cayman Islands Gazette. Publication is prima facie evidence of recording. Recordings are made fortnightly and are published in the next following Gazette.

Period of validity: subject to the prompt payment of annual fees (see below), the protection and rights in the Islands conferred by the Law date from the time such right arose in the United Kingdom Register, the Register of European Union Trademarks, or the International Register of Marks and continue in force so long as the protection and rights remain in force in the United Kingdom; but no action for infringement of any such right prior to the time of recording it in the Islands is possible.

Filing requirements for an application (to be sent to resident agent):
The following must be submitted with an application to record an extension to the Islands of a right in or to a United Kingdom trademark or service mark, or a European Union mark, or an International mark:
1. The name of the applicant;
2. The name of the agent making the application;
3. A reference to the particulars of the grant or registration in the United Kingdom Register, the Register of European Union Trademarks, or the International Register of Marks (with a U.K. and/or EU designation), sufficient to identify such right in a positive manner: (a) in the case of a mark registered on the United Kingdom Register, this must be in the form of an original certified extract from the United Kingdom Registry, which should be signed and sealed by the Registrar in the United Kingdom; (b) in the case of a mark registered on the Register of European Union Trademarks, this must be in the form of an original certified extract (translated into English if not originally so issued) from the European Union Trademark Office (“EUIPO”), which should be signed and sealed by EUIPO; and (c) in the case of a mark registered on the International Register of Marks (with a U.K. and/or EU designation), in the form of an original, certified extract from the International Bureau of WIPO in accordance with the conditions contained, and in the manner provided, under the provisions of the Madrid Protocol;
4. The expiry date recorded in the Registry with which the mark is registered;
5. An address for service in the Cayman Islands;
6. 2 clear prints of the mark;
7. The nature of the right (if restricted or qualified).

Note: application must be made in the form prescribed by the Registrar.

Electronic filing: available. 

Electronic signatures: are accepted.

An annual fee is payable to maintain a trademark or service mark, previously registered. The fee is payable on January 1st every year other than the year in which the mark was first registered and if not paid by March 31st, causes the rights protected by the recording to be in abeyance as against the person in default from January 1st until the fee and the penalty fee have been paid. The penalty fee becomes applicable should there be a failure to pay the annual fee before March 31st of each year.