Commission communication on the Commission findings concerning reciprocal treatment with the Cayman Islands within the meaning of Article 5(1)(d) and (3) and Article 29(5) of Council Regulation (EC) No 40/94 on the Community trade mark
Date: 2001-05-19
Institutions: European Commission
Subjects: Cayman Islands, EU trade mark, European Union Intellectual Property Office, administrative formalities, industrial property, international trade

19.5.2001

EN

Official Journal of the European Communities

C 149/21

Commission communication on the Commission findings concerning reciprocal treatment with
the Cayman Islands within the meaning of Article 5(1)(d) and (3) and Article 29(5) of Council
Regulation (EC) No 40/94 on the Community trade mark

(2001/C 149/06)

Under
rule 101(1) of Commission Regulation (EC) No
2868/95 (1)), the President of the Office for Harmonisation of
(OHMI) has asked the Commission to
the Internal Market
establish whether the Cayman Islands accord to nationals of
all Member States of
treatment
within the meaning of Article 5(1)(d) and (3) and Article
the Community trade mark Regulation (2)), as
29(5) of
modified by Council Regulation (EC) No 3288/94 (3)).

the Community reciprocal

The Commission has examined the corresponding trade mark
laws and has exchanged correspondence with the authorities of
the United Kingdom.

(cid:151) Under Article 5(1)(d) of the Community trade mark Regu-
lation, nationals of any State which is not party to the Paris
Convention or to the Agreement establishing the World
Trade Organisation; and which, according to published
findings, accords to nationals of all
the Member States
the same protection for trade marks as it accords to its
own nationals and, if nationals of the Member States are
required to prove registration in the country of origin,
recognises the registration of Community trade mark as
such proof, may be proprietors of Community trade marks.

(Amendment)
(Community Trade Marks) Law of 1998,
Community trade mark owners may also apply to the
trade mark
Cayman Islands Registrar
extended to the Cayman Islands in the same conditions.

to have

their

Section 6 of the Cayman Islands Patents and Trade Marks
Regulations (1998 Revision), which according to the United
Kingdom authorities is of application to Community trade
for the
imposes an obligation on an applicant
marks,
extension to the Cayman Islands of a trade mark to prove
the existence of his previous right by a certified extract of
registration. This provision also applies to Community
trade marks. Thus, in accordance with Article 5(3) of the
Community trade mark Regulation, nationals of
the
Cayman Islands must therefore prove that the trade mark
for which an application for a Community trade mark has
been submitted is registered in the Cayman Islands.

Thus, the Office for Harmonisation must accept, pursuant
to Article 5(1)(d) and (3) of the Community trade mark
Regulation, trade mark applications from nationals of the
Cayman Islands, provided that the trade mark for which an
a Community trade mark has been
application for
submitted is registered in the Cayman Islands.

According to the Cayman Islands legislation, Articles 6 and
9 of the Cayman Islands Patents and Trade Marks Law
(1995 Revision), the owner of a trade mark registered in
the United Kingdom may apply to have such right extended
to the Islands. The effect of such extension is to afford in
the Islands to the owner of such right the protection and
rights afforded to an owner of a trade mark by virtue of the
Merchandise Marks Law, 1976 and all the equivalent rights
and remedies available to such owner
in the United
Kingdom.

(cid:151) Article 29 (5) of the Community trade mark Regulation
provides that a person who has duly filed an application
for a trade mark in a State which is not a party to the Paris
Convention or to the Agreement establishing the World
Trade Organisation, may only claim the priority date of
that filing for the purpose of the filing of that mark as a
Community trade mark, in so far as the State concerned
accepts Community trade mark applications as a first filing
for the purpose of the claiming of priority in relation to the
filing of the same mark at its own Trade Mark Office.

Likewise, according to the revision of the Cayman Islands
legislation as amended by the Patents and Trade Marks

(1) OJ L 303, 15.12.1995, p. 31. Commission Regulation (EC) No
2868/95 of 13 December 1995 implementing Council Regulation
(EC) No 40/94 on the Community trade mark.

(2) OJ L 11, 14.1.1994, p. 1. Council Regulation (EC) No 40/94 on the

Community trade mark.
(3) OJ L 349, 31.12.1994, p. 83.

However, under the Cayman Islands trade mark system, the
owner of a Community trade mark may only apply for the
extension of such trade mark to the territory of the Cayman
Islands but cannot file an application for a Cayman Island
trade mark on the basis of a previous application for a
Community trade mark. Therefore, the right of priority,
as established in Article 29(5) of
the Community trade
mark Regulation does not apply.

C 149/22

EN

Official Journal of the European Communities

19.5.2001

CONCLUSIONS

This examination has shown that reciprocal treatment within
the meaning of Article 5(1)(d) and 5(3) of the Community
trade mark Regulation can be accorded to the Cayman Islands.

treatment
This examination has also shown that reciprocal
within the meaning of Article 29(5) of the Community trade
mark Regulation cannot be accorded to the Cayman Islands.

These findings are effective as of 14 April 1998.

LIST OF APPROVED FIRMS

First subparagraph of Article 92(3) of Commission Regulation (EC) No 1623/2000

(public sale of wine alcohol for use as bioethanol
Community)

in the fuel sector within the European

(2001/C 149/07)

(This list replaces the list published in Official Journal of the European Communities C 83 of 14 March 2001,
page 15)

1. ECOCARBURANTES ESPA(cid:209)OLES SA

(cid:151) administrative address: Poligono Industrial Cabezo Cortado, Avenida del Este S/N, E-30100

Espinardo (Murcia),

(cid:151) address of plant: Valle de Escombreras, E-30350 Cartagena (Murcia)

2. SEKAB (SVENSK ETANOLKEMI AB)

(cid:151) administrative and plant address: H(cid:246)rneborgsv(cid:228)gen 11, S-891 26 (cid:214)rnsk(cid:246)ldsvik,

(cid:151) address of other plant: c/o IMA srl (Industria Meridionale Alcolici), via Isolella 1, I-91100 Trapani.