PATENTS
Patent Applications
A certified copy of the UK/European patent.
Registration
The Patents Law 2011 > applications to extend rights under an existing UK or European Patent (EP (UK)) registration. An application for registration cannot be based on a pending UK or EP (UK) patent application.
Information required:
• the UK or EP (UK) registration number
• It usually takes 2 months or less for the Registry to process an application for registration.
• Paris Convention priority cannot be claimed.
• Once the registration is complete the Registry will issue a Certificate of Recording.
Duration
Valid for the same period as specified on the underlying UK or EP (UK) registration on which it is based.
Searches
It is generally not necessary to conduct a search in the Cayman Islands because of the requirement that there be a pre-existing UK or EP (UK) registration. If, however, a search is required, the result can usually be provided with in 3 working days.
Patent Annual Fees
There is an annual fee payable to the Cayman Islands Government in January each year.
Failure to pay an annual fee will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken. There is a penalty for the late payment of annual fees where payment has not been received by the Registry before 1 April each year.
The Registry may cancel the record of a patent for failure to pay annual fees and penalties for 12 months.
Abandonment
Please inform us as soon as possible if the client wishes to abandon a trademark or patent or allow it lapse in order for us to update our records and advise the Registry accordingly.
TRADEMARKS
Requirements for Trademark Registration
1. A Simply signed Power of Attorney document.
2. A certified copy of the UK Parent Registration/ International/Community Trademark.
3. Two prints of the mark, for device mark.
Registration period
The Trade Marks Law, 2016 > national trade mark applications. As of 1 August 2017 applications for registration can no longer be based on existing United Kingdom (UK) or European Union (EU) registrations.
Trade Marks registered under the previous law (The Patents and Trade Marks Law, 2011) will be treated in the same manner as marks registered under the new law.
Information required:
1. a request for the registration of the trade mark.
2. name, address and e-mail address of the applicant.
3. type of applicant.
4. name, address and e-mail address of the appointed registered agent.
5. type of trade mark 6. one representation of the trade mark.
7. statement of goods and/or services
8. classification of goods and/or services
9. English translation of any words or non-Roman characters
• It usually takes 6 months or less for the Registry to process an application for registration.
• Paris Convention priority cannot be claimed.
• Once the registration is complete the Registry will issue a Certificate of Registration.
Searches Documentation required:
• name of the trade mark
• name of the proprietor or the number of the trade mark
The result can usually be provided within a week.
Classes
The International Classification system is used. Multi-class applications are allowed.
Renewal
• Valid for 10 years after which it can be renewed for like periods.
• The application for renewal should be filed PRIOR to the expiration date of the registration. A grace period of 6 months is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee.
• It usually takes 2 months or less for the Registry to process an application for renewal. Once the renewal is complete the Registry will issue a Renewal Certificate.
Assignment
Documentation required:
• Deed of Assignment or the Assignment agreement
It usually takes 2 months or less for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of Assignment.
Change of Name/Address Documentation required:
• details of the change(s)
It usually takes 2 months or less for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Certificate of Recording.
Patent Annual Fees
There is an annual fee payable to the Cayman Islands Government in January each year.