Jamaica (JM)
Apr 15, 2015 (Newsletter Issue 6/15)
New Practice Direction on Class Headings
On February 4, 2015, the Jamaica Intellectual Property Office (JIPO) issued a practice direction on class headings which became effective on March 4, 2015.
The effect of the practice direction is to prohibit the filing of trade mark applications which designate international class headings as specification of goods or services. Accordingly, a trade mark applicant is now required to provide the specific goods or services for which trade mark protection is being sought.
We have been advised that the USPTO acceptable list of goods and services will be acceptable in Jamaica.
Source: Livingston, Alexander & Levy, Jamaica
Mrz 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 Trade Marks Act 1999 (as amended by The Trade Marks (Amendment) Act, 2013) and The Trade Marks Rules, 2001 (as amended by The Trade Marks (Amendment) Rules, 2011).
Trademark protection is obtained by Registration. Unregistered trade marks may also be protected through use in the course of trade under the common law of “passing off”. Well-known marks are also entitled to protection under the Paris Convention.
Nice classification, 11th edition
Registrable as trademarks are words (including personal names and surnames), and device marks, letters, numerals, colours, and combinations thereof and shapes of goods.
Collective and certification marks are also protectable.
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.
National:
The opposition period is 2 months from the publication of the trademark. A “cooling off” period was introduced by the Trade Marks (Amendment) Act, 2013. The object behind the cooling off period is to facilitate parties in opposition proceedings who need additional time to negotiate a settlement. Prior to the amendment, there was a non-extendable deadline of two (2) months within which one had to respond to a notice of opposition filed in respect of a published application. Failure to respond in time would leave the registrar with no choice but to deem the application to be withdrawn. Under the amended law, the registrar may at any time before the expiration of the two month period (referred to above) grant a cooling off period for an additional two months with the consent of both parties to the matter. The registrar may grant further extensions up to a period of six months following the expiration of the first cooling off period where both parties agree and the application is made prior to the expiry of the first cooling off period. If the matter has not been settled after the expiration of the subsequent cooling off period, the applicant has one month to file a counter-statement in response to the notice of opposition and failure to do so will result in the application being treated as withdrawn.
A trademark registration is valid for 10 years. Renewal is possible for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official application trademark fee is USD 70 for a single class and USD 20 for each additional class after the first. The additional official fees upon acceptance and publication are USD 90.
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Practical details on trademark licensing are available in our publication
here
Sep 02, 2019
HSM IP Ltd., Grand Cayman, Cayman Islands
