All change in the Caribbean

By Sophie Davies

Across the Caribbean, the trademark landscape is transforming. Recent legislative revisions have helped to modernise trademark law in two important jurisdictions and there is much to encourage international brand owners

Changes to trademark legislation in the Caribbean can take some time to get approved and implemented. However, in the last couple of years there has been plenty of activity worthy of review. The British Virgin Islands was the first to get the ball rolling when it finally implemented its Trademarks Act, 2013; then Trinidad and Tobago passed its new Trademarks Act (8/2015) – although this has not yet come into force. Most recently, the Cayman Islands passed the Trademarks Law, 2016, which is expected to take effect shortly. This article compares the trademark laws of these three Caribbean countries, focusing on the registration, examination and opposition processes. It also touches on the standing of well-known marks, non-use provisions, the applicability of the Madrid Protocol and the role of Customs.

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Issue 72