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Jamaica (JM)

Sep 04, 2023 (Newsletter Issue 7/23)
Trade Marks (Amendment) Rules to Enter into Force
Jamaica's Trade Marks (Amendment) Rules 2022 (rules) are expected to come into effect on 30 September 2023.

An update to the rules was required following the entry into force of the Madrid Protocol in Jamaica on 27 March 2022. The rules outline the procedures to be followed in respect of international trade mark applications designating Jamaica and international applications in respect of which Jamaica is the country of origin.

Notably, the Rules have also been updated to increase official trade mark prosecution fees across the board, introduce a process for requesting the expedited examination and processing of applications, and set out formality requirements for non-traditional trade mark applications.

Official trade mark prosecution fees will be increased for all types of national applications effective 30 September 2023. Applications for registrations filed prior to 30 September 2023 will be processed in accordance with the current fees regime, even if publication and registration fees do not become payable until after 30 September 2023.

Trade mark applicants will be permitted to request expedited examination for new applications. There is also an option to request that other types of applications or requests be processed on an expedited basis upon the payment of an additional fee. The request for expedited examination made at the time of initial filing will result in an almost doubling of trade mark application costs for a single class application. It is not yet known how quickly expedited applications will be examined, but currently the examination of regular applications is generally taking longer than six months to be completed.

With regard to the filing of non-traditional trade marks (three-dimensional shapes, colour, sound, pattern, touch, taste, smell, hologram and multi-media marks, for example), the rules introduce updated formality requirements. They include the acceptance of audio files (to support applications for sound marks), video files (to support applications for hologram marks) and audio-visual files (to support applications for multi-media marks). Applications for smell and taste marks may contain the chemical formulation that creates the scent or taste. Jamaica's Trade Mark Act still calls for the graphical representation of trade marks and this is still also a general requirement. The new rules also require applicants claiming colour as a distinctive feature of a trade mark to specify the colour(s) claimed by reference to an internationally recognised colour identification system (such as the Pantone colour system).

For more information click here.


Jan 27, 2022 (Newsletter Issue 1/22)
Accession to Madrid Protocol
On December 27, 2021, WIPO notified the deposit by the Government of Jamaica of its instrument of accession to the Madrid Protocol.

The said instrument contained the following declarations:
- The time limit for refusal of a trademark is extended to 18 months. Notifications of refusal based on opposition are possible after the expiry of this period.
- Jamaica wishes to receive an individual fee when it is designated in an international application, in a subsequent designation, and with respect to renewal of an international registration. The amount will be determined in a separate notice.
- Any provisional refusal notified to WIPO will be subject to a review by the Office of Jamaica, and the decision taken may be the subject of a further review or appeal before that Office (Rule 17(5)(d) of the Regulations under the Madrid Protocol).

The Madrid Protocol (1989) will enter into force, with respect to Jamaica, on March 27, 2022.


Dec 02, 2021 (Newsletter Issue 17/21 )
Accession to Hague System
On November 10, 2021, WIPO notifes the deposit by Jamaica of its instrument of accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999 (the "Geneva Act").

The Geneva Act enters into force, with respect to Jamaica, on February 10, 2022.


Mar 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

Mar 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) and The Trade Marks Rules, 2001 (as amended).
Member of Madrid Protocol as of March 27, 2022. The Trade Marks (Amendment) Act, 2021 allows for an international application procedure. An international application in respect of which Jamaica is the country of origin may be filed with the JIPO as of March 27, 2022. Equally, Jamaica may now be designated under an International Registration presented by the office of origin to the International Bureau.
Trademark protection is obtained by Registration. Unregistered trademarks 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, 12th 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 Trade Marks (Amendment) Rules, 2022, also set out the filing requirements in respect of a variety of non-traditional trade marks, including, three-dimensional, colour, sound, smell, motion, touch, taste, pattern, hologram and multimedia marks, effective 30 September 2024.
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 for national applications. Applicants of international registrations designating Jamaica, do not need to file an address for service in Jamaica, while they do need to file an address for service in Jamaica to respond to a refusal from the Registrar, make a subsequent application or make a request directly to the Registrar in respect of that registration.
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 Trade Marks (Amendment) Rules, 2022, allow trade mark applicants to request the expedited examination of a trade mark application or any other request before the JIPO.
The trademark application is published in the Intellectual Property Journal.
The opposition period is two (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 counterstatement in response to the notice of opposition and failure to do so will result in the application being treated as withdrawn.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
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
As of September 30, 2024, the official application trademark fee is USD 93 for a single class and USD 29 for each additional class after the first. These fees include an address for service. The additional official fees upon acceptance and publication are USD 121.

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Practical details on trademark licensing are available in our publication here
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.

SMD Group thanks the following law firms for their assictance in updating the information provided.

Sep 30, 2023
Ogier, Camana Bay, Cayman Islands  


Sophie Peat

Sophie Peat
89 Nexus Way
KY1-9009 Camana Bay
Cayman Islands (KY)
Tel +1 345 949 9876
Fax +1 345 949 9877

Ogier is a law firm that gets straight to the point, managing complexity to get to the essentials. It is a collaborative approach. Our global network of offices covers every time zone.

Ogier’s IP team acts across the full spectrum of Intellectual Property rights, including brands and trade marks, copyright, industrial designs and patents, specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement.

Partner Sophie Peat spearheads Ogier’s global Intellectual Property (IP) group bringing over a decade of top tier international experience to her practice, which encompasses the clearance, prosecution, exploitation and enforcement of the full suite of IP rights, including brands and trade marks, copyright, industrial designs and patents, throughout the world. Sophie is widely recognised as a seasoned expert in IP protection across the Caribbean and in offshore financial centres, carefully guiding clients through this diverse and sometimes difficult to navigate terrain with her in-depth knowledge. Clients appreciate her proactive, comprehensive, and resolute approach.

Ogier is a member of the International Trademark Association (INTA) and MARQUES.


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.

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

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8