Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Jamaica Trademark Registration
Protect Your Brand in Jamaica Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Jamaica, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Jamaica and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
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Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
Can a registration be canceled?
Registration can be canceled for the following reasons:
- The mark lacks distinctiveness
- The mark is merely descriptive
- The mark is generic
- The mark serves a functional purpose
- The mark includes a geographical indication
- The mark is used in a misleading way
- The mark is misleading, deceptive, or disparaging
- The mark contains a badge or emblem of significant public interest
- The mark violates public policy or moral principles
- Protection of armorial bearings, flags, and other state emblems
- The mark is prohibited in this jurisdiction
- Refer to Section VIII.A. for Use Requirements
What is the duration of the opposition period?
The opposition period starts on the date of the Trade Marks Journal and lasts for two months from that date.
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registered is about 12 months, as long as there are no objections or challenges.
What are the steps involved in the trademark application process in Jamaica after filing?
The application process follows these steps:
- Checking formalities
- Classification review
- Ensuring clarity
- Assessing descriptiveness
- Evaluating distinctiveness
- Checking for deceptiveness
- Identifying conflicts with existing registrations
- Trademark
- Application number
- Goods/services listed
- Applicant's name
- Applicant's state or country of incorporation
- Applicant's address
- Priority claim details
- Application date
- Applicant's citizenship
- Trademark representation
How long is a trademark valid once it has been registered?
The trademark registration is valid for 10 years starting from the date you apply.
Can you claim priority for a patent application in Jamaica?
You can claim priority in Jamaica if:
- Your home country is part of the Paris Convention.
- You filed your home application within six months before filing in Jamaica.
What actions are necessary to fulfill the usage requirement for a trademark?
You need to use the trademark within five years from when it's registered.
The usage can be minimal but must be real and take place in Jamaica.
Does registering a trademark in Jamaica grant me any legal rights?
You don't need to register a trademark to have rights to it in Jamaica. Simply using the trademark first is enough to secure your rights. Jamaica follows the 'first to use' principle.
Do I need to use my trademark before applying for registration?
You must either be using the trademark already or have a genuine intention to use it when you apply.
If I register my trademark in Jamaica, will it be protected in other countries?
Trademark registration in Jamaica only provides protection within Jamaica.
Do I need to sign a Power of Attorney if I want to change my attorney?
You need a power of attorney if you want to appoint a new attorney.
Who is eligible to challenge my trademark application?
Any person has the right to challenge a trademark application.
What rights do you gain by registering a trademark?
Registering a trademark gives you the following rights:
- the sole right to use the trademark
- the ability to oppose a later application that conflicts with yours
- the ability to request the cancellation of a later conflicting registration
- the ability to sue others for using a trademark that is confusingly similar
- the ability to license the trademark to others
- the ability to request customs to seize counterfeit goods
- the ability to claim damages for trademark infringement
Still have questions?