Trade Mark Registration “Protecting your brand”

Trade Mark O Trade Mark – (Brand) a sign that is graphically represented and identifies and distinguishes goods and services of one undertaken from those of another.

Trade Marks

TM in a global context O Choose names that appeals – be comfortable O Create unique names – be creative O Avoid generic names – TM refusal O Avoid descriptive, obscene names – TM refusal O Research names – internet search, registry search O Words may have different meanings globally

Trade Mark Registration O “Dance a yaad before yuh dance abroad” O Register in Jamaica first O Seek legal advise

The TM fee structure (1) Application fee:  $7,800 (first class)  $2,200 (per additional class) (2) Upon Acceptance fee:  $10, Application form; list of goods and/or services; and copies of the Mark

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

Does TM registration in Jamaica provide worldwide coverage? O Protection is only in Jamaica O Applicants must seek registration in other countries, through: 1. Individual country Registration 2. Regional Registration 3. International Registration O Madrid Protocol

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

Registration in the US O Apply directly to the USPTO (online or paper) O No need for local agent to file* O Office filing fees O US has strict requirements: O Specimen of the Mark O Goods/services must be very specific O Proof of use in commerce is needed before mark is registered O Proof of use after registration, between 5 th – 6 th year and 9 th – 10 th year

International Registration O Regional Registration Systems A. CTM (Europe) 27 States B. ARIPO (African Reg. Ind. Property Org.) 18 States C. OAPI (African Intellectual Property Org.) 17 States O Apply directly Regional office O Need representative O Applicable fees O Must meet requirements for registration

UK Jamaica USA Japan China How does the System Work

Madrid Protocol O International registration of Trade Marks O Avoid individual filing O Designate the countries for registration O Individual country fees & examination O Avoid agents in each countries O Easier to manage (Changes, renewals, etc.) O Dependent on basic application or registration 91 Member States* O International Application submitted to WIPO through Member State IP Office*

Thank You Presented by Herman Dawson Telephone: (876) / Fax: (876) Website: