1. Registering your brand
Adrienne Thompson
Manager, Trade Marks, Designs & Geographical Indications

2. Why is Intellectual Property Crucial for Marketing the Products or Services of Your Business?
A marketing strategy should establish a clear link between your products/services and your small and medium-sized enterprise (SME), as the producer or provider of such products/services.
Customers should be able to distinguish, at a glance, between your products or services and those of your competitors and associate them with certain desired qualities.
Intellectual property is an important tool in:
creating an image for your business in the minds of your current and potential customers
positioning your business in the market.

3. Intellectual Property Rights and Marketing
Trade Marks
“Any sign that is capable of being graphically represented and capable of distinguishing the good or services of one undertaking from those of another undertaking” – The Trade Marks Act 1999
A well-crafted trade/ service mark is often a decisive tool for the success of a SME in the market place.
Enable consumers to distinguish products or services of your SME from those of your competitors and to associate your products or services with desired qualities.
Furthermore, it may play an important part in the ability of your product or service to penetrate a new market.

4. Trade Marks

5. Why are Trademarks Relevant to the Success of Your Business?
Your trademarks are in many ways the face of your business.
They are also seen as a guarantee of consistent quality.
A customer who is pleased with the quality of your product or service will continue to purchase it based on the quality expectations associated with the known trademark

6. TM in a global context Choose names that are appealing
Create unique names
Avoid generic, misleading names
Avoid descriptive, obscene names
Research names – internet search, TM registry search

7. Trade Mark Registration
Register in Jamaica first
Seek legal advice for each jurisdiction

8. Trade Mark Registration
Protection is Jurisdictional
Seek registration in other countries through:
Individual Country Registration
Regional Registration (where available)
International Registration:
Madrid Protocol
(Jamaica is not yet a signatory)

9. Selecting & Registering Trademarks locally
An application to register a Trade Mark must be filed at Jamaica Intellectual Property Office (JIPO), via form ‘TM1’.
The application must contain:
a clear representation of the Mark
including any colours, forms, or three-dimensional features
acceptable and specific descriptions of the goods and/or services to which the Mark will apply
we classify goods and services based on the Nice Classification of goods and services
Name, address and telephone number of applicant
The Mark must fulfill all the requirements under the Trade Marks Act, 1999, Trade Marks Rules 2001 and The Trade Marks Amended Rules 2011, in order for it to be protected as a Trade Mark including as a Collective or Certification Mark.

10. Cost to register A Trademark in Jamaica
The fee is payable in two stages:
Application to register $7,800
Each additional class $ 2,200
Acceptance of the mark for registration $ 7,800
Publication of the mark in the Trade Marks
Journal $ 2,200

11. Benefits of Registration
Trade Mark Registration (Protection)
Ownership
License
Transfer of ownership
Legal action, i.e. Enforcement
Consumer confidence
Assist in overseas registration
Needed for Madrid Protocol
Relative grounds of refusal

12. International Registration
Individual Countries
Normally through a local agent
Apply directly (online where available)
Foreign fees
Mark must meet requirements

13. International Registration
Individual Countries
United States: USPTO
UK ellectual-property-office
Australia
Japan

14. International Registration
Regional Registration Systems
CTM (Europe) 28* EU States
ARIPO (African Reg. Ind. Property Org.) 18 States
OAPI (African Intellectual Property Org.) 17 States
Apply directly Regional office
Need representative
Applicable fees
Must meet requirements for registration

15. UK direct filing
UK IPO:

16. The Madrid system
Jamaica
USA
MARID System UK
Japan
China

17. Madrid Protocol International registration of Trade Marks
Avoid individual filing
Avoid agents in each country* (refusals)
Designate the countries for registration
Individual country fees & examination
Easier to manage (Changes, renewals, etc.)
Dependent on basic application or registration
99 Member States, 115 Countries
International Application submitted to WIPO through Member State IP Office*

18. Madrid Protocol costs
The cost of an international trademark registration includes the basic fee (653 Swiss francs*), plus additional costs depending on the nature of your mark, where you want to protect it, and how many classes of goods and services will be covered by your registration.
For example, to register a trademark in both India and the European Union, with no color elements and for one class of goods, the total cost will be 1'612 Swiss francs [653 basic fee + 62 (one class in India) (one class in the European Union)].
* 1 Swiss franc = 1.03 US Dollars
Fee calculator:

19. Thank You! Jamaica Intellectual Property Office
(An agency of the Ministry of Industry, Commerce, Agriculture & Fisheries)
18 Trafalgar Road
Kingston 10.
(876) /
Website: