The short answer
Under the Jamaican Trade Marks Act 1999 (as originally enacted), a registered mark lasts 10 years and can be renewed for further periods of 10 years. Renewal is requested before expiry, with a further period of up to 6 months on payment of an additional fee. Priority is 6 months, and a mark can be revoked if it has not been put to genuine use for 3 years. The Act was amended in 2013 and 2021, so we confirm the current wording.
Trademark deadlines in Jamaica at a glance
These rules come from the Trade Marks Act, 1999 (Act No. 32 of 1999) in the English text on WIPO Lex. The Act has been amended, including in 2013 and 2021, and time limits for publication and opposition are set in the Trade Marks Rules, so we check the consolidated Act and the Rules before we advise on a deadline.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for periods of 10 years (Sections 8 and 40). |
| Which date does the term count from? | In the Act as enacted, the initial period is counted from the date of registration (Section 8), and a renewal takes effect from the expiry of the previous registration (Section 40). We confirm the start date under the amended Act before we file. |
| When can I renew? | File a renewal request before the registration expires, with the renewal fee (Section 40). |
| Is there a grace period? | Yes. If the request is late, it can be made within a further prescribed period of no more than 6 months, with an additional fee. If it is not renewed, the mark is removed from the register, and restoration is possible under the Rules (Section 40). |
| Opposition period | Any person can file written notice of opposition with the Registrar within the prescribed time from publication of the accepted application, stating the grounds. The time limit is set in the Rules, which we confirm before we advise (Section 22). |
| Reply to an office action | The Registrar examines the application and tells the applicant of any objection. The applicant can respond and request a hearing, and decisions can be appealed under the Act. |
| Priority claim | The right of priority lasts 6 months from the filing of the first application in a Convention country (Section 19). |
| Non-use | A registration can be revoked if, within the 3 years after registration was completed, the mark has not been put to genuine use in Jamaica by the owner or with consent, without proper reasons for non-use. Use resumed before the revocation application can save the mark (Section 43). |
| Assignment | A transaction affecting the mark, such as an assignment or licence, should be registered with the Registrar, and registration should be applied for within 6 months of the transaction (Act, assignment and registration provisions). |
Who can register a trademark in Jamaica
Any person who uses or intends to use a trade mark can apply to the Registrar. A person who acts as agent of the owner cannot register the mark in their own name without consent (the Act of Agents provision).
Representation. We act as your representative before JIPO. The Act provides for trade mark agents, and an address for service in Jamaica is required.
Trademark registration process in Jamaica
Search
- Search the the Jamaica Intellectual Property Office (JIPO) records for identical or similar marks in your classes.
File the application
- File with the the Jamaica Intellectual Property Office (JIPO), through a Jamaican trade mark agent or attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance, the application is published and any person can oppose within the time set by the Rules (Section 22).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Jamaica Intellectual Property Office (JIPO) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Jamaica trademark validity and renewal
- The Act as enacted gives 10 years from registration.
- Renew before expiry, or within up to 6 months with an extra fee.
- Unrenewed marks are removed from the register.
- Keep using the mark in Jamaica to avoid revocation after 3 years of non-use.
Diarise from the registration certificate and confirm the start date under the amended Act.
Assignment, licence and changes to a Jamaican trademark
Assignment
Register it
Apply to register the transaction within 6 months of it taking place.
Licence
Recordable
Licences can be registered with the Registrar.
Name or address
Record change
Record changes of owner details at JIPO.
Agents
Act of Agents
An agent cannot register the owner's mark in their own name without consent.
Non-use and cancellation of a Jamaican trademark
A registration can be revoked for non-use over 3 years after registration, if the mark becomes the common name in the trade through the owner's acts, or if it is used in a deceptive way (Section 43).
Keep dated proof of use in Jamaica: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Jamaica
Search the JIPO register and the Gazette for the publication, registration and renewal dates.
Sources used
- Trade Marks Act, 1999 (Act No. 32 of 1999), Jamaica, English text on WIPO Lex: Sections 8, 19, 22, 40 and 43.
- JIPO for the consolidated Act, the Rules, current fees and forms.
Jamaica trademark FAQ
How long does a trademark last in Jamaica, and from when?
10 years, renewable for periods of 10 years (Sections 8 and 40). The Act as enacted counts it from the date of registration (Section 8).
When should I renew a Jamaican trademark, and is there a grace period?
File a renewal request before the registration expires, with the renewal fee (Section 40).
What is the opposition period in Jamaica?
Any person can file written notice of opposition with the Registrar within the prescribed time from publication of the accepted application, stating the grounds. The time limit is set in the Rules, which we confirm before we advise (Section 22).
How much does it cost to register a trademark in Jamaica?
The official fee is set by the the Jamaica Intellectual Property Office (JIPO) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Jamaica?
Yes. A foreign company can register a mark in Jamaica, normally through a Jamaican agent who gives the address for service. We arrange this.
Can I assign a Jamaican trademark?
A transaction affecting the mark, such as an assignment or licence, should be registered with the Registrar, and registration should be applied for within 6 months of the transaction (Act, assignment and registration provisions).
Can a Jamaican trademark be cancelled for non-use?
A registration can be revoked if, within the 3 years after registration was completed, the mark has not been put to genuine use in Jamaica by the owner or with consent, without proper reasons for non-use. Use resumed before the revocation application can save the mark (Section 43).
How can I check the status of a Jamaican trademark?
Use the the Jamaica Intellectual Property Office (JIPO) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The right of priority lasts 6 months from the filing of the first application in a Convention country (Section 19).
How do I change the owner's name or address?
Record the change with the the Jamaica Intellectual Property Office (JIPO) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Jamaica
SUPREMEiP® files trademarks worldwide through its network and checks every Jamaican deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
