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Jamaica (JM)

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04-15-2015 (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


03-06-2012 (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 Trademark Act 2001 and Trademarks Rules (effective of September 3rd, 2001), which is similar to the UK Trademark Act of 1994.
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, 10th 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
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.
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
If the trademark has not been used within 5 years following the date of completion of the registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application and registration fee is JMD 15,600 for a single class and JMD 2,200 for each additional class after the first.
The fees for advertising and the Trade Mark Journal is another JMD 4,400.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 490,00 € 310,00 € 
Word Mark Search (identical) 420,00 € 270,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
09-17-2015
Livingston Alexander & Levy, Kingston, Jamaica

12-09-2013
Livingston Alexander & Levy, Kingston, Jamaica

08-07-2013
Livingston Alexander & Levy, Kingston, Jamaica

02-21-2012
Livingston Alexander & Levy, Kingston, Jamaica

12-02-2010
Moeller IP Advisors, Buenos Aires, Argentina



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
Mail Trademarks@jipo.gov.jm
www.jipo.gov.jm