Significant Trademark Amendments

Jamaica has recently amended its trademark laws. Dianne Daley, Foga Daley, details the changes that are most impactful on IP practice.

Jamaica's Trade Marks Act and Rules, 2001 were recently updated by a series of significant amendments which include:

• the establishment of a cooling-off period in opposition proceedings,
• increasing the period of non-use for which a party can apply to revoke a registration,
• the preservation of rights of an earlier user, and
• the treatment of trademark applications as property.

Most of these changes were brought about by the Trade Marks (Amendment) Act, 2013, which took effect on August 31, 2013.

The amendments which are considered most impactful on trademark practice in Jamaica are the focus of this report.