Monday, September 4 2023   \  Published by Ogier.

Key changes under Jamaica's Trade Marks (Amendment) Rules 2022

Key changes under Jamaica's Trade Marks (Amendment) Rules 2022

Jamaica's Trade Marks (Amendment) Rules 2022 (rules) are expected to come into effect on 30 September 2023.

An update to the rules was required from both a procedural and corresponding official fee perspective following the entry into force of the Madrid Protocol in Jamaica on 27 March 2022, making it possible to designate Jamaica as part of an international trade mark application using the Madrid System for the first time. Equally, Jamaican brand owners can use the Madrid System to file international trade mark applications in more than 100 territories. Notably, the Rules have also been updated to increase official trade mark prosecution fees across the board, introduce a process for requesting the expedited examination and processing of applications, and set out formality requirements for non-traditional trade mark applications.

International trade mark applications

The rules outline the procedures to be followed in respect of international trade mark applications designating Jamaica and international applications in respect of which Jamaica is the country of origin. New forms have been provided for use when filing a trade mark application resulting from the transformation of an international registration under section 26L of the Trade Marks Act, as amended (Trade Marks Act) and when requesting that the Registrar take note of an international registration in the Register in accordance with section 26O of the Act. The rules also specify certain deadlines in the prosecution process relating to international registrations and outline the process on both the division and merger of international registrations, among others. Read more

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