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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Jamaica it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Jamaica, who will carry out all needed tasks before the Trademark Office in Jamaica in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Jamaica.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Jamaica. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Jamaica.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

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If I register my trademark in Jamaica, do I have protection in other territories?

The territorial limit of registration is Jamaica.

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Do I need to sign a Power of Attorney?

A power of attorney is necessary if there is a change of attorney.

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Are there any benefits from a pre-filing use of the trademark?

Since the rule “first to use” is effective in Jamaica, the first person to use a mark obtains the ultimate right to such a mark. This is true even if a third party subsequently registers it.

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What are the types of trademark that can be registered in Jamaica?
  • names
  • words
  • colours
  • devices
  • smells
  • certain three-dimensional shapes
  • slogans
  • holograms
  • sounds
  • taste
  • trade dress/get-up
  • motion
  • touch
  • certification marks
  • collective marks
  • service marks
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Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

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What are the phases of application after a trademark has been filed in Jamaica?

The order of the application process is as follows:

  1. Examination of the application on the basis of:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflict with prior an earlier registration
  2. Publication of the application particulars:
    • mark
    • application number
    • goods/services
    • name of applicant
    • state or country of incorporation of applicant
    • address of applicant
    • priority claim information
    • application date
    • citizenship of applicant
    • representation of trademark
  3. Registration
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What type of trademark is not registrable?
  • non-distinctive trademarks
  • generic terms
  • marks contrary to moral standards or public order
  • marks that function principally as geographic location names
  • names, flags or symbols of states, nations, regions, or of international organizations
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Does Jamaica use the "Nice Classification" system?

Jamaica uses the Nice Classification System.

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Does the Community Trademark apply for Jamaica?

The European Union Trade Mark registration (also known as the Community Trade Mark registration) is not followed in Jamaica.

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Is there any possibility to claim priority in Jamaica?

Priority application may be claimed if:

 

  • the applicant's home country is a member of the Paris Convention
  • the home application was filed within six months before the application in Jamaica was filed
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What do I need to do to satisfy the use requirement?

A trademark must be used within five years from the date of entry in the Trade Marks Register.

 

The amount of use can be minimal but must be genuine and must occur in Jamaica.

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Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

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What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

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Is it legal to use my trademark even if it is not yet registered?

Yes. It is legally permitted to use an unregistered mark for any goods or services.

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Does having a registered trademark in Jamaica give me any right?

Registration is not necessary to obtain rights to a trademark. Prior use is enough to establish trademark rights. The rule 'first to use' is effective in Jamaica.

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What is the web address of the trademark national office?

The national office is not accessible online.

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Is there any need to use my trademark before I apply for registration?

Either actual use or intent to use is required for application.

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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • the mark is descriptive
  • proprietary rights
  • the mark is not distinctive
  • breach of copyright
  • the mark is misleading, deceptive or disparaging
  • rights in a company name
  • registered design rights
  • notorious or well-known mark
  • unauthorized use of specially protected emblems or national insignia
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Who can contest my trademark application?

Anyone may oppose an application.

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Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • the mark is not distinctive
  • the mark is descriptive
  • the mark is generic
  • the mark is functional
  • the mark consists of a geographical indication
  • the mark is used in a misleading manner
  • the mark is misleading, deceptive or disparaging
  • the mark includes a badge or emblem of particular public interest
  • the mark is against public policy or principals of morality
  • protection of armorial bearings, flags and other State emblems
  • the mark is prohibited in this jurisdiction
  • See Section VIII.A. Use Requirements
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Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to object to a later conflicting application
  • the right to request for a cancellation action against a later conflicting registration
  • the right to file an infringement case against third parties for using a confusingly similar trademark
  • the right to license other third parties to use the trademark
  • the right to apply for counterfeit goods to be seized by customs authorities
  • the right to obtain damages for infringement
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How long is the opposition period?

The opposition period begins on the date of the Trade Marks Journal

 

The opposition period ends two months after the date of the Trade Marks Journal.

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Is Jamaica a member of the Madrid System?

Jamaica is not a member of the Madrid Agreement or the Madrid Protocol.

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Do I need to present periodic statement of use?

Periodic statements of use are not required.

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When should I renew my trademark?

Subsequent renewals last for a period of 10 years from the renewal date of the registration.

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What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

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Is there any documentation that should be presented when renewing a trademark?

There is none. No documents are required when renewing a trademark.

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If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is 6 months.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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