VIII THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | Have you ever seen a logo, mark or sign and wondered to yourself whether there is any way for that particular logo (mark or sign) to be registered in Jamaica? Well, wonder no further! This article hopes to provide you with just a snippet of the general information about registering a logo, mark or sign (hereinafter referred to as a ‘trademark’) in Jamaica. Journey with me on this four-point trademarks FAQs. 1. WHAT IS A TRADEMARK? Section 2 of the Trade Marks Act (the ‘Act’), as amended, defines a trademark as any sign that is capable of being graphically represented and capable of distinguishing the goods or services of one undertaking from those of another undertaking. Under the Act, “sign” includes a word (including a personal name), design, letter, numeral, colour, combination of colours or a combination of the foregoing or the shape of goods or their packaging. A trademark can also be a colour mark, a sound mark, a smell mark, a motion mark, a taste mark, or a hologram mark, just to name a few. 2. WHAT ARE SOME USE(S) OF A TRADEMARK? Some of the uses of a registered trade mark are as follows: i. Conferring a property right on the proprietor of the trade mark, who is entitled to the rights and remedies provided by the Act. ii. Protecting the proprietor’s right of ownership and interest in the mark, by ensuring that the proprietor has the exclusive right to use the mark to identify his goods and/ or services, or to authorise another to use it in return for payment. It is important to note that the rights of the proprietor have effect from the date of filing of the application for registration. iii. Enabling a proprietor to guarantee the quality of goods and standard of services for which the mark is used. 3. HOW TO APPLY FOR REGISTRATION OF A TRADEMARK? An application for registration of a trademark shall be made to the Registrar of Industrial Property at the Trade Marks & Designs Directorate of the Jamaica Intellectual Property Office (the ‘JIPO’). The requisite form that is to be completed for submission to the JIPO is a ‘Form TM1’. The Form TM1 must be submitted with the prescribed fees as outlined below. 4. WHAT ARE THE APPLICATION FEES ASSOCIATED WITH REGISTERING A TRADEMARK? STAGE ONE: UPON APPLICATION A. The fee of J$13,700.00 should be paid upon filing of the Form TM1. This fee includes one class, that is, where the applicant is applying for registration of the mark in one class/ one category, the above-mentioned fee covers the one class that the applicant requests for the mark to be registered in. B. If the mark is to be registered in more than one class, the applicant is required to pay the fee of J$13,700, in addition to the prescribed fee of J$4,200 upon filing of the Form TM1 at the JIPO. STAGE TWO: UPON ACCEPTANCE OF REGISTRATION Once the registrar accepts the application of the mark for registration, the applicant will be required to make a second payment of J$17,700. This fee includes the cost of publication of the mark in JIPO’s monthly Intellectual Property Journal. MISS ALECIA VIDAL Manager, Trademarks, Designs and Geographical Indications Your mark matters! Protect your trademarks!
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