Trademark Registration in Jamaica

In Jamaica, rights to a trademark are established by prior use, but in practice registration is necessary to properly protect your mark and prevent others from registering it.

Trademark applications must be filed with the Jamaica Intellectual Property Office JIPO. Registration is not only a way to secure your rights, it also makes it much easier to act against infringement and to stop later conflicting filings.

By default, **searches do not cover figurative elements (logos) – they only consider the verbal (word) elements of a trademark. If you would like the figurative or design elements of your mark to be taken into account for a Trademark Search Report in Jamaica, you should contact us directly so we can determine whether we can offer this in this jurisdiction; in such cases, service fees and delivery times may vary.

If you register a combined trademark (containing both word and figurative elements) in Jamaica, your exclusive right is limited to using the mark in the exact configuration in which it was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is recommended to file an additional trademark that includes only the word or only the figurative elements you wish to protect separately.

To register a trademark in Jamaica, you will generally need to provide:

• The name or logo you want to register
• The applicant’s details

No documents are necessary.

If any additional information or country-specific formalities apply, your iGERENT consultant will confirm the exact requirements and guide you through each step.

The average time frame to register a trademark in Jamaica is 3 months for straightforward cases. This is an estimated processing time based on current application timeframes and may vary considerably depending on the circumstances.

Once your trademark is registered in Jamaica:

• It is valid for 10 years from the application date.
• It can be renewed for further consecutive periods of ten (10) years.

Renewal:

• Can be requested as early as six (6) months before the expiration date.
• If renewal is not requested before expiration, it can still be done during a grace period of 6 months after the expiration date, upon payment of a late renewal fine.

Although use is not necessary to obtain registration, the mark will become vulnerable to cancellation actions for lack of use if it is not used within 5 years following the registration date.

Yes. In Jamaica, third-party oppositions can be filed:

• During a 2-month opposition period following the date of publication of the trademark.

If an extension is requested before the expiration of this 2-month period, and both parties consent, extensions of the opposition period may be granted for up to a maximum of 6 months after the closing of the original opposition period.

If a third party seeks to register or use a trademark for similar goods or services that includes a primary or distinct part of your trademark, you have the right to oppose the application based on confusing similarity. The probability of success will always depend on the specific circumstances of the case.

• Use is not required for a trademark to be filed or registered in Jamaica.
• However, if the trademark is not used within a period of 5 years from the registration date, it becomes vulnerable to cancellation actions for lack of use.

So, while you do not need use at the moment of filing or registration, genuine use within five years is important to keep the registration safe from non-use challenges.