New Regulations to Strengthen Trade Mark Protection

The Ministry of District Administration and Home Affairs (MDAHA), in conjunction with the Customs and Border Control Service (CBC), is pleased to announce that Cabinet has approved the Trade Marks (Customs and Border Control) Regulations, 2025 (“the Regulations”). The approval marks an important step in modernising the Customs and Border Control Service (“CBC”) legislative framework and strengthening the protection of trade marks and intellectual property in the Cayman Islands.

The new Regulations give practical effect to the Trade Marks Act (2016 Revision) by establishing clear and consistent procedures for trade mark proprietors and licensees to formally notify CBC of suspected infringing goods entering the Islands. This modernised approach ensures Cayman’s border control regime remains aligned with international best practices and responsive to the realities of global trade.

CBC is responsible for facilitating and controlling cross-border movement of people and goods, enforcing prohibited and restricted import and export controls, and protecting the integrity of Cayman’s trade system. Following the 2019 merger of Customs and Immigration functions, the establishment of CBC necessitated updates to legacy legislation to accurately reflect contemporary operational structures, responsibilities, and enforcement powers.

Under the approved Regulations:

• Clear processes and prescribed forms are established for submitting notices to the Director of CBC under section 61 of the Trade Marks Act.
• Infringing trade mark goods may be treated as prohibited items at the border.
• Fees and conditions, including indemnification provisions, are introduced to support effective enforcement.
• CBC’s ability to protect consumers, brand owners, and legitimate trade is strengthened through an intelligence-led, risk-based enforcement framework.

Further, the Regulations support the Government’s strategic objectives to enhance competitiveness, meet international standards and modernise public sector operations. The Ministry of Financial Services and Commerce and the Cayman Islands Intellectual Property Office also welcome the Regulations, noting its importance in reinforcing Cayman’s reputation as a jurisdiction offering world-class intellectual property protection.

The Honourable Nickolas DaCosta, JP, MP, Minister for District Administration and Home Affairs, said, “Strong trade mark and intellectual property protections are essential to maintaining confidence in Cayman’s trade environment and safeguarding the reputation of our jurisdiction. These Regulations modernise Customs and Border Control Service’ legislative framework and ensure full alignment with the Trade Marks Act, enabling effective enforcement at our borders while supporting fair and lawful trade. We are strengthening safeguards for our economy and maintaining the trusted systems our people expect.”

Acting Director, Customs and Border Control Services, Mr. Kevin Walton said that “These Regulations provide much-needed clarity and authority for Customs and Border Control Services to act decisively when infringing trade mark goods are identified at the border. By formalising the notice process and strengthening our enforcement framework, CBC is better equipped to protect consumers, support legitimate businesses, and enhance our overall enforcement capabilities in line with international standards”.

The Regulations will take effect on 17 June 2026, allowing ample time for stakeholder engagement, staff training, and updates to CBC’s systems and processes. As part of the implementation strategy, the Ministry and CBC will lead a public education campaign in the forthcoming year to inform stakeholders regarding the notice process and the implementation timelines.

The approval of the Trade Marks (Customs and Border Control) Regulations, 2025, underscores the Government’s continued commitment to modernising legislation, strengthening border enforcement, and protecting the intellectual property rights that support economic growth and international confidence in the Cayman Islands.

To stay connected with the Ministry of District Administration & Home Affairs, follow us on social media (@mdahacayman) or visit our website at https://gov.ky/mdaha/.