On June 30, 2021 the Trade Marks (Amendment) Act
("the Amended Act") came into force and with it came some
significant changes to the Jamaican trade mark landscape.
Changes to the Trade Marks Act ("the Act")
include the introduction of provisions to protect traditional
knowledge and traditional cultural expressions and to prevent
Applicants from taking advantage of the good- will of other
countries.
Section 11(4)(f)(iii) of the Amended Act provides that
"A sign shall not be registered as a trade mark if it is
of such a nature as to misrepresent, or misappropriate, the
traditional knowledge or traditional cultural expressions of
indigenous or local communities."
Previously, section 12 of the Act provided that trade marks
which consist of or contain a representation of Jamaican national
emblems could not be registered without the prior consent of the
Jamaican government. This section has now been amended to expand
the scope of protection whereby the applicant of
