The New Trade Marks Act, 1999, which came into force on September 1, 2001, defines a Trade Mark as:-
Any sign that is capable of being graphically represented and capable of distinguishing the goods or services of one undertaking (i.e. any person, company or business entity) from those of another undertaking.

A SIGN includes a word, (including a personal name), design, letter, numeral, colour, combination of colours or a combination of the foregoing or the shape of goods or their packaging.

In essence therefore, a Trade Mark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or business entity, for example; “Red Stripe”, “Grace”, “Island Grill”, “Mothers”, “Walkers Wood”, “Reggae Boyz”, “Ting”.

The definition of a Trade Mark is inclusive of the definition of a Service Mark.  In fact, a Service Mark is actually a Trade Mark used to identify “services” instead of “goods”.

Therefore, a Service Mark can be defined as:- “Any sign that is capable of being graphically represented, and capable of distinguishing the services of one undertaking (i.e. any person, company or business entity) from those of another undertaking.

There is an international classification of goods and services, which is used for the purpose of registering trademarks, known as the NICE CLASSIFICATION

Under the latest edition (8th Edition), goods are classified under thirty-four (34) classes, and services are classified under eleven (11) classes. Each class has a different range or category of goods and services from which the proprietor of the mark must select when making his application.

The Trade Mark fee is payable in two stages:-
i) Upon an application to register: $3,500 (plus $1,000 for every additional class).
ii) Upon acceptance of the mark for registration:
$1,320.00 for advertising the mark in the Jamaica Gazette, and $3,500.00 for registration.
iii) N.B. For a Certification or Collective Mark, an additional fee of $5,000.00 is required to file regulations governing the use of the mark.

No this is not compulsory. However as registration of Trademarks, Service Marks, Patents & Designs is a specialised area, it may be necessary to employ the services of a trademark agent or attorney.

A Service Mark is a Trade Mark, which applies to services. A Service Mark is a distinctive sign which identifies the services offered by a specific person or enterprise.

• R v James Bryan (2003) Morant Bay
• R v Marie Samms (2003) Half Way Tree
• R v Carl Gibson (2003) Half Way
• R v David Marzouca and others (2003) Montego Bay
• R v Kipling Salmon (2003) Half Way Tree

There are 9 categories of protected works, these are literary, artistic, dramatic, musical, sound recordings, films, broadcasts, cable programmes, typographical arrangements of published editions. This is a closed list. Works that do not fall within any of these categories cannot be the subject of Copyright protection

Generally, Copyright protection is for the life of the author and continues for 50 years after his/her death; After the expiration of this period anyone may use the work freely without the authors permission and the work is thus said to be in the public domain Note that there are certain categories of works that attract a shorter period of protection;

If the author is unknown Copyright lasts for 50 years after the work was first made available to the public.

• computer generated works – 50 years after it is made
• sound recordings and films – 50 years after it was first made available
• broadcasts – 50 years after it was first made available
• typographical arrangements – 25 years after first publication

• Licence - this is specific authorisation from the Copyright owner to use the work for a specified purpose for a specified time, usually for a fee. The terms of the licence are usually negotiated between the parties.

• Assignment – this is an out right give away of all the rights and privileges associated with Copyright for the remaining duration of the Copyright term, except for the moral rights , which remain with the author indefinitely unless waived. An Assignment must be in writing to be valid.

• Succession – this is where the copyright is transferred on the death of the author, either by will or on an intestacy (ie. Where there is no Will) to surviving heirs.

• Convention establishing the World Intellectual Property Organization, WIPO (December 1978)
• Paris Convention for the Protection of Industrial Property (December 1999)
• Berne Convention for the Protection of Literary and Artistic Works (January 1994)
• Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (January 1994)
• Convention on Protection of Producers of Phonograms Against Unauthorised Duplication of their Phonograms (January 1994)
• Convention Relating to the Distribution of Programme Carrying Signals Transmitted by Satellite (January 2000)
• Nairobi Treaty on the Protection of the Olympic Symbol (March 1984)
• WIPO Performances and Phonograms Treaty (June 2002)
• WIPO Copyright Treaty ( June 2002)
• WTO Trade Related Aspects of Intellectual Property

Yes. It may be found that the invention is claimed in a prior Patent. In such a case a Patent could not be granted. A search may save the expense of filing an application which would be rejected.