New Trade Marks Regulations will come into effect on 17 June 2026, giving the Cayman Islands Customs and Border Control Service (CBC) a clearer legal process to intervene where goods suspected of infringing registered trademarks are being imported into the Cayman Islands.
The Trade Marks (Customs and Border Control) Regulations, 2025 (“the Regulations”) establish 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, goods suspected of infringing a registered trade mark may be treated as prohibited goods at the border.
Under the Regulations, a separate notice must be submitted for each registered trademark alleged to be infringed. The notice must be accompanied by the prescribed 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 provide Customs and Border Control to act when suspected infringing goods are identified, while continuing to support lawful trade and protect the public from products that may be unsafe, fraudulent, 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 Regulations, and practical guidance on identifying counterfeit goods and other 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 receive training on identifying warning signs such as poor-quality goods, irregular branding, suspicious packaging, inaccurate documentation, suspicious pricing, and supply chain irregularities.
The introduction of the Regulations coincides with World Anti-Counterfeiting Day, observed annually on 10 June, highlighting the global importance of protecting consumers, supporting legitimate businesses and combatting illicit trade.
The Honourable Nickolas DaCosta, Minister for District Administration and Home Affairs, said the Regulations form part of the Government’s broader commitment to consumer protection, border security, and maintaining the Cayman Islands’ reputation as a secure and trusted international jurisdiction.
“World Anti-Counterfeiting Day serves as an important reminder that counterfeit goods are not simply a trade issue. They can expose consumers to unsafe products, undermine legitimate businesses, and facilitate wider criminal activity. These Regulations create, for the first time, a formal mechanism for registered trade mark owners to request CBC intervention where counterfeit goods are suspected of being imported into the Cayman Islands. In doing so, strengthening our ability to protect consumers, support legitimate commerce and combat illicit trade, including activities linked to money laundering, terrorist financing and other forms of transnational crime.”
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. Those risks include unsafe or substandard products, unknown materials or ingredients, unfair competition, and financial crime linked to organised criminal networks involved in money laundering, terrorist financing, and proliferation-related activities.
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