Use of National Emblems and Symbols

National Symbols

The Chancery is appointed to give permission for the use of the seven national symbols.

They are:

The Jamaican Flag ; The Coat of Arms; The National Tree; The National Flower; The National Fruit; The National Anthem; The National Pledge.

Section 12(1) of the Jamaica Trademarks Act of 1999, states that a trademark containing the Coat of Arms of Jamaica, national flag and other national symbols are not registrable as trademarks. The Act also states that the flags, armorial bearings or other state emblems of other Convention countries are not registrable unless that country authorises such use.

 Where persons submit trademark applications to the Jamaica Intellectual Property Office (JIPO) in which national emblems/symbols are used, the application is not accepted unless there is authorisation for use granted by the Office of the Prime Minister in the case of Jamaica. Where there is no authorisation, the applicant would be directed to request permission from the OPM, to use the emblem. The OPM in its discretion may object or grant approval to the representation being used as part of the artwork in the proposed trademark.

 Factors which could be considered for trhe granting of permission of use could be whether the intended use is for educational or non-educational use, whether the product will be commercially free or freely distributed. Consideration can also be given on whether a fee will be charged, depending on the proposed use.