In late 2019, the first ever sonic trade mark was entered into the Trade Marks Register at the Jamaica Intellectual Property Office (JIPO). This is a significant and welcome development, as an Applicant has finally taken advantage of the widened definition of “trade mark” gifted by the 2001 Trade Marks Act which allows for the registration of non-traditional marks.

To qualify as a trade mark, the proposed “sign” must be capable of being graphically represented. To meet this requirement, the Applicant for the sonic mark presented its distinctive sound as a musical stave divided into bars showing clefs, notes and musical symbols. A detailed verbal description of the sound followed the graphics. Additionally, an audio file was deposited with JIPO, though it must be noted that this was not required, nor would it have sufficed on its own since the audio file would not satisfy the requirement for clear and precise graphics.

The sound mark met the criteria for registration as it was deemed capable of distinguishing the applicant’s goods and services and it was graphically represented with sufficient clarity.

This is a positive development for holders of non-traditional trade marks and could signify more to come now that one Applicant has successfully paved the way. For more information, contact Kathryn Pearson or any member of our Intellectual Property Department.