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Trademark Registration in Jamaica: Requirements and Procedure
Trademark registration requirements in Jamaica:
? Power of attorney simply signed.
? Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
? The details of goods and/or services for witch the trademark will be registered or the classes in case they are known
? Details of the trademark owner (name, address, registration number).
? Invoicing details (name, address, fiscal number, registration number).
Trademark registration procedure in Jamaica:
Trade Marks Act provides for local trademark applications with effect from date of receipt of application. There is no provision for extension of registration of U.K. trade marks as provided in many other Commonwealth Caribbean jurisdictions and international priority (Paris Convention) is now available. However, a U.K. registration certificate may serve as evidence of registrability in the discretion of the Registry. Service marks may now be registered under Jamaica's international (Nice Convention) classification system. Multiple class applications are not acceptable in Jamaica. No local use or intent to use is necessary prior to application but failure to use the trademark within a period of 5 years following registration may subject the trademark to an action by an interested party for cancellation by the Registry or Court. The registration procedure lasts 12 - 18 months to complete. Registration term is 7 years initially.
Other trademark procedures in Jamaica:
Trademark renewal in Jamaica: For the trademark renewal we need the power of attorney simply signed. The renewed trademark is protected for 14 years.
Trademark changes in Jamaica: For changing the name or the address we need only a ‘’name form’’.
Trademark assignment in Jamaica: For the trademark assignment we need the power of attorney signed by the assignee. The deed of assignment signed by both the assignor and the assignee. The assignments may me done with or without goodwill. Pending applications may not be assigned, unregistered marks may not be assigned. A tax of 1 percent of the value of the assignment has to be paid and a stamp duty of 5, 56 percent ad valorem.
Filing requirements:
ü Details of the mark.
ü Visual representation of the mark (a faxed copy will suffice).
ü Class (s) in which mark is to be registered (the Nice Classification is used in Jamaica), and a reasonably precise description of the goods and/or services on which it is used or to be used.
ü Particulars of the applicant (name, address, nationality, country of incorporation, etc).
ü An executed Authorization of Agent.
Granting:
Seven years
Renewals:
Every fourteen years
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