In some exciting news for trade mark applicants, on 27 March 2022, Jamaica will become the 110th member of the Madrid System and the 126th country able to be designated for trade mark protection under the Madrid Protocol.
For those of you who are not already aware, the Madrid Protocol offers a cost-effective and straightforward route for trade mark owners to apply for trade marks overseas by filing a single international application and paying a single set of fees. Each country or territory designated in a Madrid application is subject to examination under the relevant national legislation by each national office. However, the ability to manage ongoing renewal and management of the international trade mark registration through a central platform provides a more manageable trade mark portfolio.
In our opinion, the addition of Jamaica to the Madrid Protocol further strengthens and simplifies the international trade mark application process and gives trade mark applicants more streamlined access to Jamaica to protect their brands.
While providing access for people of other nations to easily file their own trade marks in Jamaica, Jamaica will also be able to use the Madrid Protocol system to protect their own trade marks in the other 125 territories of the Madrid System.
It is expected that the people of Jamaica, a nation well known for its export of delicious spices and sauces, will be able to more easily stop copycats and impostors in key overseas markets which have significantly impacted the reputations of brands offering authentic Jamaican produce.
If you are considering a new Jamaican trade mark application and a Madrid application, we recommend that you delay, where possible, the filing of the Madrid application until 27 March 2022 to allow you to designate Jamaica in the Madrid application. Otherwise, the Jamaican trade mark will need to be filed separately.
Contact one of our trade marks attorneys to discuss which markets you are looking to trade in and get advice on your overseas trade marks strategy – email Geraldine Rimmer Geraldine@mbip.com.au or Kellie Jukkola kellie@mbip.com.au or call 07 3369 2226.