Durrant Pate/Contributor

Jamaican trademarks protection has been given a big boost with the new Jamaican Trademarks (Amendment) Rules, 2022, Resolution now in effect.

The new rules came into effect last Saturday, September 30, which represents a significant milestone in the country’s intellectual property (IP) landscape and enhances its IP regime.

The new law expands the scope of protection for non-traditional marks. Previously, Jamaica’s trademarks law primarily focused on protecting traditional marks such as words, logos, and slogans.

However, the amended legislation recognises the importance of non-traditional marks, including sounds, smells, colours, and holograms.

New options for registering trademarks locally

This is in addition to opening up new options for those registering trademarks locally. This new capability potentially simplifies the designation of Jamaica when registering non-traditional marks under the Madrid Protocol, given that each designated office examines the International Registration for local acceptance.

One of the most timely and progressive steps taken in this amended law is the expansion of protection against the misuse of country names, flags and symbols and the misappropriation of local traditional knowledge and traditional cultural expressions. The new provisions prevent the appropriation by unscrupulous parties of local culture and the knowledge and expressions of indigenous and /or local communities, as well as to safeguard consumers from confusion.

The law now specifically provides the option for brand owners to have the Jamaica Intellectual Property Office (JIPO) conduct pre-filing searches and provide its advice as to the registrability of marks. While it was possible to informally request this previously, it is first time this is being enshrined in law.

Increase in official fees

The introduction of the amendment implements increased official fees, as well as offering brand owners the option to pay additional fees to expedite their trademark applications. While the option to expedite is welcome, it should be noted that JIPO already operates quickly and efficiently, particularly in comparison to some other IP offices in the region.

It was announced last Friday, September 29, that JIPO will require trade mark applicants to submit a simply signed, scanned copy of an Authorisation of Agent (Form TM3) in order to appoint a local representative. Formerly, no documents were required to be signed by the applicant when applying to register a trade mark in Jamaica.

This requirement may change since it is likely to face objection from local firms who are accustomed to submitting applications on their clients’ behalf without the provision of an authorisation.