In Jamaica, the rights to a trademark are established by prior use; however, in practice, registration is necessary to protect a trademark and prevent others from registering it. Use of the trademark in Jamaica is not necessary to obtain its registration.
Trademark applications in Jamaica must be filed with the Jamaica Intellectual Property Office (JIPO).
If you register a combined trademark (which includes both word elements and figurative elements) in Jamaica, the exclusive right to use the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.
Third party oppositions may be filed during the opposition period of two (2) months following the date of publication of the trademark. If requested before the expiration of this period and if both parties consent to it, extensions of the delay may be granted for a period of maximum of 6 months after the closing of the opposition period.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Jamaica (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
In Jamaica, registered trademarks have a validity of ten (10) years from the application date and can then be renewed for further consecutive periods of ten years. The renewal can be requested as early as six (6) months before the expiration date. If the renewal is not requested before the expiration date, it can be done during the grace period of 6 months after it, upon payment of a late renewal fine.
Although it is not necessary for a trademark to be in use in Jamaica in order for it to register, it will become vulnerable to cancellation actions for lack of use if it is not used within a period of 5 years following the registration date.