(1) The definition of a trademark now includes any sign capable of being represented graphically and of distinguishing the goods and/or services of one undertaking from those of others. Under this definition, letters, numerals, personal names, colors, three-dimensional shapes, and packaging are now prima facie registrable.

(2) The new law has provisions implementing the Paris Convention. It thus provides for the protection of well-known marks and for the right to claim Convention priority in trademark applications.

(3) Service marks, collective marks and certification marks are now registrable.

(4) A single application may cover several classes.

(5) The process of assigning trademarks has been simplified and there is provision for the recordal of transactions affecting registered trademarks, including security interests.

(6) The term of a registration has been increased from 7 years to 10 years and registrations may be renewed for 10-year periods.

(7) The term of 1 month within which to oppose a published trademark application has been increased to 2 months.

(8) Protection for defensive marks and the requirement for association of marks have been eliminated.

(9) Parts A and B of the Register are unified so that all marks will be entered on a single Register.

(10) The protection afforded by a registration has been expanded. A registration may be infringed by the use of an identical or confusingly similar mark, not only in relation to goods or services specifically covered in the registration, but also in relation to similar goods or services.

(11) The new law makes it a criminal offense for a person to make unauthorized use of a trademark with intent to gain for himself or to cause loss to another. There is also provision for the seizure and forfeiture of infringing goods imported into Jamaica. A trademark owner or licensee, who has given notice to Customs with respect to a registered trademark, may request Customs to seize infringing goods.

(12) The owner of a registered trademark, who has acquiesced in the use of a subsequently registered trademark for 3 continuous years, may not object to the use and/or registration of the junior mark, unless he can show bad faith.

(13) The new law provides for the licensing and sub-licensing of trademarks. A license is not effective unless it is in writing.