The past year has brought numerous changes to the Jamaican trademark practice. September 30th marked one year since the Trade Marks (Amendment) Rules, 2022 came into effect, also marking one year of Madrid Protocol in Jamaica.
Unsurprisingly, Jamaica has seen an influx of applications through Madrid, however very few applications with Jamaica as the Office of Origin. The amended Rules require a local agent to respond to any objections or oppositions, in an effort to maintain the integrity of the Register.
Last year, we noted that despite signing on to Madrid, Jamaica remains a top choice for stealth filings. A year later, this statement still rings true. Effective March 1, 2024, the Jamaica Intellectual Property Office (JIPO) launched a new search platform which restricts access to pending applications. New Applicants in Jamaica that are desirous of conducting a trade mark clearance search should therefore bear this in mind. While a search will reveal published and registered marks, it will not reveal earlier pending and unpublished applications. As such, it is possible that when conducting a clearance search, an identical or similar mark, which may operate as a bar to an Applicant's proposed mark is omitted from the search results.
This year also brought exciting developments for Geographical Indications (GIs). On October 2nd , JIPO issued a ruling on a four-year battle over the GI for "Jamaica Rum".
JIPO's decision makes it clear that to be designated as "Jamaica Rum", ageing must be carried out in Jamaica, using specific barrels and water from limited geographical zones. The JIPO Tribunal amended the Register to read "Ageing shall be carried out only in Jamaica". The Applicant, National Rums of Jamaica, was in the practice of distilling a significant portion of its rum in Jamaica, and then ageing it outside of the country. JIPO therefore found this to be a violation of the registered GI.
However, this battle is far from over, as an appeal has already been submitted to the Supreme Court. We therefore continue to track the matter as it progresses.
Originally published by TM Lawyer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
