In Jamaica the legal basis is the Trademark Act 1999 and Trademarks Rules. 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.

Trademark registration: Requirements

A trademark application has to be filed before the Jamaica Intellectual Property Office (JIPO). A local address in Jamaica for service will be required.

Trademark registration: Procedure

The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 12-18 months from first filing to registration. Before the registration, the trademark application is published in the “Jamaica Gazette”. The opposition period is 2 months from publication of the trademark application.

Trademark registration: Duration

A trademark registration in Jamaica is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Trademark registration: Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

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Duly note, if the trademark has not been used within 3 years following the date of completion of the registration, it may be subject to cancellation.