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Jamaica Trademark Registration 


Your trademark registration will be processed in Jamaica through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

     

  • If I register my trademark in Jamaica, do I have protection in other territories?

    The territorial limit of registration is Jamaica.

  • Do I need to sign a Power of Attorney?

    A power of attorney is necessary if there is a change of attorney.

  • Are there any benefits from a pre-filing use of the trademark?

    Since the rule “first to use” is effective in Jamaica, the first person to use a mark obtains the ultimate right to such a mark. This is true even if a third party subsequently registers it.

  • What are the types of trademark that can be registered in Jamaica?
    • names
    • words
    • colours
    • devices
    • smells
    • certain three-dimensional shapes
    • slogans
    • holograms
    • sounds
    • taste
    • trade dress/get-up
    • motion
    • touch
    • certification marks
    • collective marks
    • service marks
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the phases of application after a trademark has been filed in Jamaica?

    The order of the application process is as follows:

    1. Examination of the application on the basis of:
      • formalities
      • classification
      • clarity
      • descriptiveness
      • distinctiveness
      • deceptiveness
      • conflict with prior an earlier registration
    2. Publication of the application particulars:
      • mark
      • application number
      • goods/services
      • name of applicant
      • state or country of incorporation of applicant
      • address of applicant
      • priority claim information
      • application date
      • citizenship of applicant
      • representation of trademark
    3. Registration
  • What type of trademark is not registrable?
    • non-distinctive trademarks
    • generic terms
    • marks contrary to moral standards or public order
    • marks that function principally as geographic location names
    • names, flags or symbols of states, nations, regions, or of international organizations
  • Does Jamaica use the "Nice Classification" system?

    Jamaica uses the Nice Classification System.

  • Does the Community Trademark apply for Jamaica?

    The European Union Trade Mark registration (also known as the Community Trade Mark registration) is not followed in Jamaica.

  • Is there any possibility to claim priority in Jamaica?

    Priority application may be claimed if:

     

    • the applicant's home country is a member of the Paris Convention
    • the home application was filed within six months before the application in Jamaica was filed
  • What do I need to do to satisfy the use requirement?

    A trademark must be used within five years from the date of entry in the Trade Marks Register.

     

    The amount of use can be minimal but must be genuine and must occur in Jamaica.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years calculated from the application date.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the application filing date.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes. It is legally permitted to use an unregistered mark for any goods or services.


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