03-06-2012 (Newsletter Issue 4/12)Official Fees IncreasedThe Intellectual Property Office of Jamaica has increased its official fees effective from March 1, 2012.
To access the amended official fees, please click here
Source: Livingston Alexander & Levy, Jamaica
Legal basis is the Trademark Act 2001 and Trademarks Rules (effective of September 3rd, 2001), which is similar to the UK Trademark Act of 1994.
Trademark protection is obtained by registration and by virtue of any law protecting an unregistered trademark used in the course of trade, in particular the law “passing off”. Well-known marks are also entitled to protection under the Paris Convention.
Nice classification, 9th edition
Registrable as trademarks are words (including personal names and surnames), and device marks, letters, numerals, colours, and combinations thereof and shapes of goods.
The application is filed at the Jamaica Intellectual Property Office (JIPO).
Foreign applicants do not need a local agent but require a local address for service.
An authorization of agent is not required but if an agent is substituted during the application procedure an authorization of the new agent may be required.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approx. 12 to 18 months.
The trademark application is published in the Trade Marks Journal
The opposition period is 2 months from the publication of the trademark.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.
A trademark registration is valid for 10 years. Renewal is possible for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.
If the trademark has not been used within 3 years following the date of completion of the registration, it may be subject to cancellation.
The official application and registration fee is JMD 15,6000 (approx. EUR 132.-) for a single class and JMD 2,200 (approx EUR 19.-) for each additional class after the first.
The fees for advertising and the Trade Mark Journal is another JMD 4,400 (approx. EUR 37.-).
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
|Word Mark Search (availability)
|Word Mark Search (identical)
|Extended Search (word mark, company name, domain)
|Device Mark Search (availability)
|Trademark Owner Search
|Company Name Search
|Domain Name Search (extended)
|i-Search (word mark availability + legal opinion)
The Prices above are S.M.D. Markeur Search Fees
We would like to thank the following law firms for their assistance in updating the information provided:
Livingston Alexander & Levy, Kingston, Jamaica
Moeller IP Advisors, Buenos Aires, Argentina