Q&A with Sophie Peat: new trade marks customs regulations

New Customs and Border Control measures coming into force in June 2026 mark a significant step forward in trade mark enforcement in the Cayman Islands, giving rights holders a practical new mechanism to tackle counterfeit and infringing goods at the border. 

This will help to reduce health and safety risks associated with counterfeit goods and reduce the funding of illegal activities through the sale of counterfeit goods and more.

To unpack what the new Trade Marks (Customs and Border Control) Regulations (the Regulations) mean in practice, we spoke with Sophie Peat, who leads Ogier’s Intellectual Property practice and has been closely involved in the development of Cayman Islands trade mark law. With extensive experience advising brand owners on trade mark protection and enforcement across the Caribbean and beyond, Sophie is well placed to explain how the new regime works, who it applies to and how trade mark owners can prepare ahead of implementation. 

What has changed under the new Trade Marks Customs Regulations in the Cayman Islands? 

From 17 June 2026, owners and licensees of Cayman Islands trade mark registrations, or their registered agents, will be able to give Customs and Border Control notice of those trade marks. This enables Customs to treat infringing goods, materials or articles bearing the relevant trade mark as prohibited goods and to detain them at the border. 

The change is introduced by the Trade Marks (Customs and Border Control) Regulations, 2025, which give effect to section 61 of the Trade Marks Act, 2016. 

Why are these changes being introduced now? 

The changes offer rights holders a streamlined enforcement process which gives Customs and Border Control notice of their registered trade marks, as well as providing Customs and Border Control additional powers and protections under a clear enforcement framework. 

The changes demonstrate Cayman’s ongoing commitment to intellectual property reform and alignment with international best practice legislatively and practically. 

Counterfeiting is a major global issue and the Cayman Islands is playing its part in reducing the size of the issue.   

Who can take advantage of these new measures? 

The Regulations apply to owners and licensees of Cayman Islands trade mark registrations, and their registered agents may also act on their behalf. The trade mark must be registered in the Cayman Islands in order for a notice to be filed. 

How does a trade mark owner register their rights with Customs? 

A notice must be submitted to the Director of Customs and Border Control using the prescribed form set out in schedule 2 of the Regulations. Each notice must be accompanied by a fee of CI$200 and a copy of the relevant trade mark registration certificate. The details of any expected importations of counterfeit goods may also be provided on the notice, if known.  

A separate notice is required for each trade mark registration. 

How long does a Customs notice remain in force? 

A notice can be effective for up to five years, as long as it does not extend beyond the period that the underlying trade mark registration is valid. 

Once a notice expires, a further notice may be filed once an additional fee has been paid, provided the registered trade mark rights remain in force. 

What happens when infringing goods are identified by Customs? 

Where a section 61 notice is in force, infringing goods will be treated as prohibited and forfeited by the importer. The importer does not face any additional penalty solely because of the prohibition. 

Goods imported for private and domestic use are excluded and will not be treated as prohibited. 

Are there any financial or indemnity obligations for trade mark owners? 

Yes. The Regulations allow the Director of Customs and Border Control to require security from the person filing the notice, in the form of a bond or monetary deposit, to cover any liability or expense the Director may incur by detaining the goods. 

In addition, the person filing the notice must indemnify the Director against any liability or expenses incurred, whether or not security is required. 

What happens if trade mark ownership changes after a notice has been filed? 

If ownership of the trade mark changes after a notice has been filed, the Director must be notified within 14 days of the change. 

Even where notification is given, the notice will be treated as withdrawn after that 14-day period. To continue benefiting from Customs protection, the new owner must file a fresh notice. 

Can trade mark owners provide guidance to Customs on how to identify infringing goods? 

The prescribed notice form doesn’t include a designated section for providing guidance on how to distinguish infringing goods from genuine products but providing this information along with the notice would no doubt assist Customs officials when assessing incoming goods and help prevent the incorrect seizure of genuine goods. 

What should trade mark owners be doing ahead of June 2026? 

Trade mark owners should review their Cayman Islands trade mark portfolios, check ownership details are up to date and identify key brands at risk of counterfeiting, in preparation to file section 61 notices in respect of core trade marks at Customs. 

They should also consider what additional information might assist Customs with the identification of counterfeit goods and engage legal advisers early to ensure notices are ready to be filed once the Regulations come into force. 

If trade mark owners know the names of likely importers of counterfeit goods or local consignees, this would be useful information to include on the Customs form.  

When do the new Regulations come into force? 

The Customs Regulations come into effect on 17 June 2026, six months after their publication on 17 December 2025. 

How Ogier can help 

Ogier advises trade mark owners and licensees on the scope and practical application of the new Customs regime, including assistance with preparing and filing section 61 notices and maintaining effective protection where trade mark ownership or registrations change. 

Ogier also supports clients in developing broader trade mark enforcement strategies in the Cayman Islands, with Customs registration forming part of a wider approach to brand protection and anti-counterfeiting. 

About Ogier

Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.

Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice