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Caribbean IP
West Palm Beach, FL 33401, USA (US)

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Grand Cayman, Cayman Islands (KY)

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Jamaica (JM)

Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Trademark Use Requirements
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

Mrz 19, 2020 (Newsletter Issue 4/20)
Modern Patents and Design Act Soon
Modern Patents and Design Act Soon
On January 23, 2020, the Jamaican Parliament passed the Patents and Designs Act (New Act). The New Act was passed by the House of Representatives on December 3, 2019 and received approval by the Senate on January 23, 2020. It will repeal the prevailing Patent Act of 1857 and the Designs Act of 1937. The New Act will come into effect by the Governor General’s Assent.

The New Act is a significant step towards a well-needed reform. From a system that has granted patents based on local novelty to one that makes universal novelty a criterion for patentability.

Industrial designs must be new and have individual character in order to obtain registered design protection under the New Act. This concept of ‘individual character’ is new to Jamaica’s design law but is a requirement under the Economic Partnership Agreement (EPA) between the European Community and CARIFORUM states to which Jamaica is a party. Registered designs will be protected for five years with the possibility of renewal for two consecutive five year periods which accords with international norms as TRIPS requires a minimum duration of 10 years while the EPA sets a maximum of 25 years.

For more information, please click here


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 Increased
The 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.
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. 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 were 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 here
Practical details on trademark use requirements are available in our publication here
The official application trademark fee is USD 90 for a single class and USD 20 for each additional class after the first. These fees include an address for service. 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
SMD Group thanks the following law firms for their assictance in updating the information provided.

Sep 28, 2021
HSM IP Ltd., Grand Cayman, Cayman Islands  

Caribbean IP

Katherine Van Deusen Hely

Katherine Van Deusen Hely
224 Datura Street, Suite 513
West Palm Beach, FL 33401
Tel + 1 561 283 1800

Caribbean IP is an intellectual property law firm focusing on trademark and other IP services across 26 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions, and enforcement matters in a time- and cost-efficient manner. Katherine founded Caribbean IP in 2014, after working for several years in another Caribbean-focused practice. She and her partner Patrick Hely and their team work with clients from around the world, including numerous Fortune 500 companies and top-ranked law firms. The Caribbean IP team has experience handling all aspects of trademark practice across the Caribbean region.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a Doctor of Jurisprudence from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, where she is currently serving as Vice Chair of the INTA Bulletins Committee. She regularly writes articles on trademark law developments in the Caribbean for INTA and other global publications.


Sophie Peat

Sophie Peat
68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825

HSM IP Ltd. provides worldwide intellectual property services. Based in the Cayman Islands and independently owned and operated, our experienced team of attorneys and paralegals deliver first class service to a broad client base which includes major Fortune Global 500 brand owners, international law firms and other specialist IP practices. Our broad perspective, practical approach and international experience allow us to offer clients a unique insight into IP issues internationally. The success and growth of our firm is due to our keen understanding of our clients’ needs for a comprehenisve “one-stop shop” which encompasses a wide range of services from the initial consultation process to searches, registrations, annuity payments and monitoring and renewals. We offer a competitive schedule of fixed fees, inclusive of both disbursements and official fees, which means we can provide clients with an accurate estimate of their project costs before embarking on a global filing programme for their portfolio. We have a wealth of knowledge and specialise in the Caribbean, Central and Latin America and other off shore jurisdictions. Our staff regularly contribute to leading IP publications and we also publish a range of country-specific IP Client Guides which are available on our website.

Jamaica Intellectual Property Office (JIPO)
1st Floor, JAMPRO Building
18 Trafalgar Road
Kingston 10
Jamaica, W. I.
Tel +876 946 1300
Fax +876 927 6744