New Trade Mark Regulations Strengthen Protection Against Counterfeit Goods
New Trade Marks regulations will come into effect on 17 June 2026, giving the Cayman Islands Customs and Border Control Service (CBC) a clearer process to help prevent suspected counterfeit goods from entering the Cayman Islands.
The Trade Marks (Customs and Border Control) Regulations, 2025 establishes a formal notice process that allows trade mark owners, licensees, or authorised agents to request CBC intervention where suspected infringing goods, materials, or articles may be imported. Once the process is engaged, suspected infringing goods may be treated as prohibited goods at the border.
Under the new regulations, a notice must be submitted by the trademark owner for each registered trademark allegedly being infringed. The notice must be accompanied by the required documentation, including proof of registration or other evidence requested by CBC, together with the prescribed CI$200 fee. The Regulations also allow CBC to request compensation where costs or liability may arise from the detention of goods.
Director of the Cayman Islands Customs and Border Control Service, Bruce Smith, said the Regulations provide practical tools to strengthen enforcement while supporting lawful trade.
“These Regulations give Customs and Border Control the ability to act when suspected infringing goods are identified, while also supporting legitimate businesses and protecting the public from products that may be unsafe or unlawful.”
To support implementation, the Cayman Islands Intellectual Property Office (CIIPO) will provide refresher training to CBC officers. The training will cover intellectual property fundamentals, the policy objectives and operational processes established under the new Regulations, and practical guidance on identifying counterfeit goods and other potential indicators of trade mark infringement.
The new process will also be supported by internal procedures for identifying, detaining, documenting, storing, and, where appropriate, seizing suspected infringing goods. CBC officers will continue to be trained to identify warning signs such as poor-quality goods, irregular branding, suspicious packaging, inaccurate documentation, suspicious pricing, and supply chain irregularities.
The Honourable Nickolas DaCosta, Minister for District Administration and Home Affairs, said the Regulations form part of a wider Government effort to strengthen intellectual property protections while supporting the Cayman Islands’ reputation as a secure and trusted international jurisdiction.
“Counterfeit goods are not just a trade issue; they are a consumer protection issue and, in some cases, a public safety issue.
For the first time, registered trade mark owners will have a legal right to request border intervention services where counterfeit goods are suspected of being imported into the Cayman Islands. This has the added benefit of helping to combat illicit trade and other forms of transnational crime.”
As the world marks World Anti-Counterfeiting Day this week, these Regulations demonstrate the Cayman Islands' commitment to protecting consumers and legitimate businesses from the harmful effects of counterfeit trade.
The Regulations support the Trade Marks Act (2016 Revision) and strengthen the Cayman Islands’ ability to protect consumers, legitimate businesses, and the wider community from the risks associated with counterfeit goods. These risks can include poor-quality or unsafe products, unknown materials or ingredients, unfair competition against lawful businesses, and wider financial crime concerns where counterfeit operations are linked to organised criminal activity, including the financing of terrorism, money laundering and weapons of mass destruction.
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