Please ensure Javascript is enabled for purposes of website accessibility

People

Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.

Expertise

Services

We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.

View all Services

Employment law

Intellectual Property

Listing services

Restructuring and Insolvency

Business Services Team

Executive Team

German Desk

Accounting and Financial Reporting Services

Cayman Islands AML/CFT training

Corporate Services

Debt Capital Markets

Governance Services

Investor Services

Ogier Connect

Private Wealth Services

Real Estate Services

Regulatory and Compliance Services

Ogier Global

Consulting

View all Consulting

Sustainable Investment Consulting

LexTech - Technology Consultants

Business Services Team

View all Business Services Team

Sectors

Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.

View all Sectors

Aviation and Marine

BVI Law in Europe and Asia

Energy and Natural Resources

Family Office

Foreign direct investment (FDI)

Funds Hub

Private Equity

Real Estate

Restructuring and Insolvency

Sustainable Investing and ESG

Technology and Web3

Trusts Advisory Group

Locations

Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.

News and insights

Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.

Fresh thinking, sharper opinion.

About us

We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone. 

No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm

Snapshot: Cayman Islands Annual Fees in respect of Intellectual Property Rights

Insight

27 July 2022

Cayman Islands

2 min read

Annual fees are payable to the Cayman Islands government every 1 January for the life of an intellectual property registration for a trade mark, patent or design. Here Ashleigh Robinson, a paralegal in Ogier's Intellectual Property group, addresses some of the most commonly asked questions on this topic.

What are annual fees?

Annual fees are maintenance fees which, as the name suggests, are due annually.

Are annual fees the same as renewals?

Annual fees are not the same as renewals, which extend the life of the IP right. For example, Cayman Islands trade marks are due for renewal every 10 years from the date of the trade mark application, which is also deemed to be the effective date of registration. An application for a trade mark renewal extends the life of the trade mark for a further 10 year period. In contrast, annual fees are payable every 1 January for the life of the trade mark to ensure that the trade mark registration is in kept in good standing at all times.

When do annual fees fall due?

Annual fees start to accrue every 1 January after filing a trade mark, patent or design application. However, they do not fall due for payment until 1 January following registration. For example, if a trade mark application is filed on 1 July 2022, the first annual fee will accrue on 1 January 2023. If the application also progresses to registration in 2022, then the first annual fee must be paid prior to 1 January 2023.  However, if the application does not progress to registration until 2023, then the first annual fee and the second annual fee payments must be paid by 1 January 2024. The Cayman Islands Intellectual Property Office (CIIPO) also provides a helpful explanation of the process in Practice Guide No. 01/2017, which can be viewed: General Registry (ciipo.ky) (see page 2 'Payment of Annual Trade Mark Fees').

Is there a grace period for late payment?

Yes. The grace period for late payment of annual fees expires on 31 March of each year. Fees paid after this date will be subject to a penalty. Penalties accrue for each year of non-payment unless annual fees are paid prior to the respective deadline.   

When were annual fee penalty fees introduced?

Penalty fees were introduced in 2010 in respect of trade marks and patents. Prior to this date, no penalty fees were payable. Penalties were introduced in respect of registered designs with the implementation of the Design Rights Registration Act, 2016, in August 2017.

Can annual fees be paid up to the next renewal/expiry deadline in advance?

No. Prior to 1 August 2016, it was possible to pay annual fees in advance up to the next renewal/expiry deadline in respect of patents and trade marks. However, CIIPO changed this practice on 1 August 2016 (Practice Note No. 01/2016) and it is no longer possible to pay annual fees in advance.

What are the consequences of non-payment of annual fees?

Registered rights are held in abeyance and are not in good standing or enforceable against third parties until annual fees are paid up to date.

What are the benefits of paying annual fees on time?

The payment of annual fees each year ensures that registered rights are in good standing at all times. This also puts third parties on notice of the proprietor's ongoing commitment to their intellectual property rights in the Cayman Islands and may act as a deterrent against potential acts of infringement.  Furthermore, payments made on time ensure that penalty fees do not accrue thereby increasing the overall annuity cost over time.   

Can I pay the annual fees directly to the Cayman Islands government?

No. Payments must be through a registered agent in the Cayman Islands, such as Ogier.

Do you have any annual fee related tips? 

Yes, in respect of series marks. Series marks must be 'divided' before they can be renewed. Prior to division and renewal it is important to ensure that all outstanding annuities are paid up to date as if this is not done, the outstanding fees will be payable in respect of each registration divided (that is to say, outstanding fees could be doubled or even sextupled!).

As the 1 January deadline for the payment of Cayman Islands annual fees approaches, please reach out to Sophie Peat and Ashleigh Robinson for further assistance.  

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

No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm