Protection of Trade Marks in Jamaica

September 2008

Abstract

This paper is intended to provide a brief overview of the legal framework for the protection of trade marks in Jamaica. I have noted a few of the “at a glance” similarities and differences between the provisions in England and Wales and in Barbados and the provisions of the Jamaican legislation. Finally, I have noted the considerations faced by a Jamaican company which seeks to protect its trade marks in Jamaica and internationally, and mentioned further legislation which if enacted, should prove useful to this end.

Author

Tara Carnegie

Legal Officer, Lascelles, deMercado & Co., Limited, Jamaica

Tara Carnegie attended the University of the West Indies where she obtained the B.Sc. Accounting and later the LL.B. She attended the Norman Manley Law School where she obtained the Certificate in Legal Education. She was called to the Jamaican Bar in 2004 and has been practicing as Legal Officer at Lascelles Mercado & Co. Limited since then. Marvia J. Williams is the Assistant Company Secretary for Lascelles, deMercado & Co. Limited (LDM) and its subsidiaries and is responsible for the protection and maintenance of all trademarks within the LDM Group of companies both overseas and local. She is a member of the Institute of Chartered Secretaries and Administrators. She is also a member of the Geographical Indication Working Group re GI-Project Jamaica-Switzerland for technical assistance in establishing a functional Geographical Indication System in Jamaica and a member of the working group putting forward supporting arguments for Jamaica’s accession to the Madrid Protocol Relating to the Madrid Agreement, concerning the International Registration of Trade Marks About your organisation: Lascelles deMercdo & Co. Limited is a company listed on the Jamaican stock exchange. It is the holding company for a diverse conglomerate of companies engaged in the manufacture, marketing and sale of wines and spirit brands including its own Appleton Estate Jamaica Rum and Appleton Jamaica Rum brands; the manufacture and distribution of pharmaceutical and agricultural chemical products and the distribution of consumer products; the provision of general insurance services; the marketing and sale of motor vehicles; and the provision of aircraft handling services. The primary trading companies within the group include J. Wray & Nephew Limited, Lascelles Limited, Globe Insurance Company of Jamaica Limited, Kingston Industrial Garage Limited and AJAS Limited.

Company

Lascelles, deMercado & Co., Limited

Lascelles Division is a member of the Lascelles DeMercado & Company Limited group of companies. Lascelles DeMercado, the Parent Company is highly ranked on the Jamaican Stock Exchange in levels of sales, and continues to do well in spite of the low growth in our economic environment and in comparison to other significant players in the economy. We are a unified management, multi-product organization which is responsible for the warehousing, sales, customer service and marketing of the group's local and international wines, spirits, pharmaceuticals, foods, personal and homecare products. Over the years the company has garnered the reputation of being the leading, efficient and best run distribution centres in Jamaica. Lascelles Division comprises four distributing entities which are Lascelles Merchandise, Lascelles Laboratories, Lascelles Wines & Spirits and Lascelles Telecom; and two manufacturing entities which are Agricultural Chemicals Limited & Federated Pharmaceuticals.

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