March 15, 2015
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JAMAICA: Class Headings No Longer Accepted by IP Office
On February 4, 2015, the Jamaica Intellectual Property Office (JIPO) announced that it will no longer accept class headings for the specification of goods and services for new trademark applications. As of March 4, 2015, applicants will need to file for specific goods or services for which the mark is used (or will be used if filing on an intent-to-use basis).
Until now, JIPO’s practice has been to broadly interpret Rule 8(2)(b) of the Trade Marks Rules, 2001. This Rule states that “every application shall specify the class or classes … to which it relates and the specification shall … (b) list under each class the specific goods or services appropriate to that class for which protection is sought.” Under the prior interpretation of the Rule, applications designating the class heading resulted in protection of the mark for all goods or services included in the class. This was true even in cases where the applicant did not intend to use the mark for all goods or services.
Under the new interpretation of the Rule, JIPO will accept only specifications for narrow and specific goods or services. Any class headings submitted on or after March 4 will be rejected, and applicants will be required to submit a narrowed specification as well as pay an additional fee to amend the application.
Jamaica is a contracting party to the Nice Agreement. Thus, applicants may use the Nice Classification, Tenth Edition, as a guide when selecting specific goods and services.
Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.
© 2015 International Trademark Association