What's New? An Overview ' The Implications Of The Trade Marks (Amendment) Act

• Published date: 14 July 2025
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Foga Daley
• Author: Ms Rachael Lodge Corrie

On June 30, 2021 the Trade Marks (Amendment) Act ("the Amended Act") came into force and with it came some significant changes to the Jamaican trade mark landscape.

Changes to the Trade Marks Act ("the Act") include the introduction of provisions to protect traditional knowledge and traditional cultural expressions and to prevent Applicants from taking advantage of the good- will of other countries.

Section 11(4)(f)(iii) of the Amended Act provides that "A sign shall not be registered as a trade mark if it is of such a nature as to misrepresent, or misappropriate, the traditional knowledge or traditional cultural expressions of indigenous or local communities."

Previously, section 12 of the Act provided that trade marks which consist of or contain a representation of Jamaican national emblems could not be registered without the prior consent of the Jamaican government. This section has now been amended to expand the scope of protection whereby the applicant of any mark that makes reference to, or suggests an affiliation with Jamaica or any other country, namely using the name of the country (including abbreviations and homonyms), national colours, national emblems or a map of the country, may be required by the Registrar, to provide a disclaimer that the goods and services for which the trade mark is registered originate in Jamaica or another country, as the case may be.

These two amendments are aimed at preventing applicants with no legitimate link to a particular country or group from deceiving the public into believing that...