Jamaica Trade Mark Guide

Registration
A trade mark can be registered in Jamaica pursuant to The Trade Marks Act (Act 32 of 1999) which provides for local trade mark applications.

The following information and documentation is required:
1. name of the trade mark
2. one copy of the mark (unless mark is word only)
3. class(es) and specification of goods and/or services
4. applicant’s name, address and nationality address (if the applicant is a corporation then the country or state of incorporation must be provided)
5. Authorisation of Agent (Form TM3)
6. certified copy of priority document (if priority is claimed)

It usually takes about eight months for the Registrar of Companies to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registrar will issue a Certificate of Registration.

Classes
The International Classification system is used. Multi-class applications are allowed. Note, however, that class headings and vague terms are not accepted as part of a specification.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within a week.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is an Authorisation of Agent (Form TM3).

The application for renewal should be filed within six months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee.

It usually takes six months or less for the Registrar to process an application for renewal. Once the renewal is complete the Registrar will issue a Certificate of Renewal.

If you do not wish to renew the mark please inform us so that we can advise the Registrar accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registrar accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Jamaica. Assignments must be recorded to be effective against third parties.

To record the assignment of a trade mark registration the documentation required is the Deed of Assignment (notarised) and an Authorisation of Agent (Form TM3).

It usually takes about three months for the Registrar to process an application to record an assignment. Once the recording is complete the Registrar will issue a Certificate of Recording showing the assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Jamaica.

To record a change of name and/or address for a trade mark registration the documentation required is a certified copy of the document evidencing the change and an Authorisation of Agent (Form TM3).

It usually takes about three months for the Registrar to process an application to record a Change of Particulars. Once the recording is complete the Registrar will issue a Certificate of Recording showing the change.