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Trademark Registration in Jamaica-Guide for International Clients

Trade Marks are registered in Jamaica under the Trade Marks Act (“the Act”). In the Act, a trademark is defined as any sign that is capable of being graphically represented and capable of distinguishing the goods or services of one undertaking from those of another undertaking.

The purpose of this article is to provide a very abbreviated outline of the trademark application process in Jamaica so as to merely guide international clients on the requirements for a trademark application in Jamaica.

The documents or information which are normally required for the submission of an application for the registration of a trademark include:-

  • The name and Top of FormBottom of Form address of the applicant;
  • Class or Classes for the Mark;
  • A statement of the goods or services in relation to which registration of the mark is sought;
  • A representation of the trademark with the relevant amounts of the mark; and
  • Such other particulars as may be prescribed.

 

These documents and information are submitted to the Jamaica Intellectual Property Office (JIPO) for processing. Upon completion of the registration process, a certificate of registration will be issued.

SEARCH

It is recommended that an applicant request a search prior to registration to ensure that the mark for the goods or services is not already in existence as a registered mark.

On the 20th of September 2016, the Jamaica Intellectual Property Office (JIPO) issued a notice to its customers in relation to searches which reads as follows:-

“Please be advised that the public computers in the search area are made available for obtaining information on specific trademarks and trademark clearance searches, i.e. checking if a similar or identical trademark has been filed. Other types of searches, namely proprietor searches and date range searches will no longer be available using these public computers. Proprietor searches will be performed by the office upon request and payment of the requisite fees, with only information on published and registered marks being provided.”

What is of importance is that proprietor searches will no longer be permitted by customers themselves, and information on unpublished applications will not be provided within the results of a proprietor search.

RENEWAL

A trademark registration is protected for ten years. Upon expiration, it is renewable for the same period. Renewal requests should be made before the expiry of the registration. If the registration is not renewed, the trademark will be removed from the register.

AUTHOR: Mrs. Thalicia Blair-Foreman-Head Of The Corporate, Commercial And Intellectual Property Law Department
Copyright Blair Foreman & Co.

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Subsidiary Company or Registration of a Branch or Overseas Company in Jamaica

International or Foreign Companies are normally interested in establishing companies with limited liability in Jamaica. The Foreign Investors normally elect either to incorporate a Subsidiary Company or to register an Overseas or Branch company in Jamaica.

 

  1. Subsidiary Company
    To incorporate a subsidiary company in Jamaica. A new limited liability company would be incorporated in Jamaica pursuant to the Companies Act, 2004 and the principal shareholder of this newly incorporated limited liability company would be the international company.

 

  1. Registration of Branch or Overseas Company in Section 363 of the Companies Act, 2004Top of FormBottom of Form allows for a company incorporated outside of Jamaica which establishes a place of business in Jamaica, shall within one month of the establishment of the place of business in Jamaica register an ‘Overseas Company’ in Jamaica by doing the following:-

 

  1. Submit to the Companies Office of Jamaica, certified copies of any Charter, Statutes or Articles or other Instrument of Incorporation of the Company. In essence, the Companies Office generally require the submission of certified copies of any official documents which were used to incorporate the company in the jurisdiction of incorporation;

 

  1. The Charter, Statutes or Articles or other Instrument of Incorporation of the company must be certified by an official of the Government body responsible for custody of the original in the country of incorporation. For example, the certification could be done by the local Companies Office in the country of incorporation if the local Companies Office is the body responsible for custody of the original. If these certified documents are not in English, a certified translation must be attached and there are special requirements for the certification of the translated documents; and

 

  • File documents and certain specified forms at the Companies Office of Jamaica outlining, for example, the particulars of the Director, Secretary, the authorized officials of the Company and any changes in the Company.

 

AUTHOR:
Mrs. Thalicia Blair-Foreman-Head of the Corporate, Commercial and Intellectual Property Law Department
Copyright Blair Foreman & Co.