How to: Getting a trademark

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March 04, 2016

In order to set themselves apart, businesses typically have a trademark for persons to identify their organisation. The main purpose of this mark is to indicate that those using it belong to a specific association, which usually has regulations with which its members must comply: Here is how to trademark ownership of a sign:

1. The period of protection of a trademark is 10 years upon registration and this period can be renewed indefinitely, that is, for every 10 years.

2. Trademark protection is enforceable by the courts of law, which under the Act have authority to block trademark infringement.

3. An application to register a trademark must be filed at the Trade Marks & Designs Directorate, of the Jamaica Intellectual Property Office (JIPO), on a specific form called TM1.

4. The application must contain a clear reproduction of the mark being filed for registration, including any colours, forms or three-dimensional features.

5. A list of the goods and/or services to which the mark will apply should also be indicated on the application.

6. The mark must fulfil all the requirements under the Trade Marks Act, 1999, Trade Marks Rules, 2001, and Trade Mark Amended Rules 2011 in order for it to be protected as a trademark.

7. It is recommended that an applicant conducts a preliminary search and examination at JIPO to ensure that the mark for the goods and/or services which for he or she is applying is not the same as or similar to a registered mark for the same.

8. There is a fee charged by the office for conducting a preliminary search and examination, which is $1,100 per hour or for any fraction of an hour.

9. The trademark fee is payable in two stages:

a. There is a fee that must be paid with the application to register: $7,800 (plus $2,200 for every additional class).

2. After the acceptance of the mark for registration: $10,000 for publishing the mark in the JIPO Journal.

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