Protection of Trade Marks in Jamaica

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

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.

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.

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.