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

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Jamaica (JM)

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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 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, 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.
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. 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.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
A mark may be revoked on the grounds of non-use when within the period of five years before the date of the application for revocation, the mark has not been put to bona fide use in Jamaica by the proprietor (or with his consent, as by a licensee, etc.), in relation to the goods or services for which it is registered, and there are no proper reasons for non-use.

Further practical details are available in our publication on this topic here
The 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 licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 16, 2018
Caribbean IP, West Palm Beach, FL 33401, USA  

Sep 17, 2015
Livingston Alexander & Levy, Kingston, Jamaica

Dez 09, 2013
Livingston Alexander & Levy, Kingston, Jamaica

Aug 07, 2013
Livingston Alexander & Levy, Kingston, Jamaica

Feb 21, 2012
Livingston Alexander & Levy, Kingston, Jamaica

Dez 02, 2010
Moeller IP Advisors, Buenos Aires, Argentina

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.

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