Milford Williams, Gleaner Writer
KLASS Aguas Frescas Jamaica is a flavoured drink mix, 'made for' Mexican company Conficorp S.A., but its only stated link to Jamaica, apart from its name, is a mysterious ingredient known as 'dried Jamaica extract'. - WINSTON SILL/FREELANCE PHOTOGRAPHER
DROVES OF well known Jamaican brands have been registered by foreign companies in key overseas markets, Wednesday Business has discovered.
And despite the talk of protecting 'Brand Jamaica', several overseas companies have already appropriated the name 'Jamaica' or well known Jamaican landmarks to brand their own seasoning, coffee or jerk sauces. Companies and countries outside of Jamaica, using the name 'Jamaica' on labels, will be subject to prosecution under the World Trade Organisation's Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, if they can be caught.
A prime candidate appears to be the makers of KLASS Aguas Frescas JAMAICA, which has no stated place of origin, but the product is 'made for' a Mexican company and distributed in the United States by a separate company. The only link to Jamaica, apart from the name of the product, is a mysterious ingredient known as 'dried Jamaica extract'.
EXTEND THE PROTECTION OF JAMAICAN PRODUCTS
The Geographical Indication Law of 2004 is designed to extend the protection of Jamaican products internationally, under the TRIPS agreement. This should extend protection to products such as Jamaican Blue Mountain coffee, which is not only a country label, but a product from a specific location within the country.
Jablum, a large producer of Blue Mountain coffee, has worked hard to protect its brand. Howard Findlator, manager for marketing and roasting operations at Jablum, said they are not aware of their brands being used by anyone else and have taken the necessary steps to safeguard against tampering.
Others have not been as fortunate. Among the brands registered in the United Kingdom by one firm based there are Tru-Jamaican, Big Bamboo and Tastee.
'TASTEE' BRAND USED IN CANADA
Fast food chain Tastee Ltd. said they knew that their 'Tastee' brand was being used in Canada and New York though not in the U.K. They, however, noted that these are areas where they have not had it registered.
"I am not aware of this situation in the U.K.," said Herman Dawson, registration assistant at Jamaica Intellectual Property Office (JIPO), when told about the registration of Jamaican trade names there. Mr. Dawson added, "I have had reports of this happening in China and other parts of Asia."
"We are aware of it and the necessary steps will be taken to have the brand registered in the U.K.," said Sylvia Tai, company secretary. One reason for this is that Tastee does not trade in Canada or New York and so did not find it necessary to register in those jurisdictions, Tai stated.
"We have aggressively gone out and protected our brand by registering in other jurisdictions," said Findlator. He added that this activity can be expensive as it may require hiring attorneys, which smaller companies may find difficult to fund.
The JIPO is encouraging local companies to register their brands in countries where their products are exported.
Once a product is being exported, "we implore our clients to have the trademark registered in the countries where the product is traded," said Mr. Dawson. The onus is on company owners to monitor their trademarks even after having it registered.
Mr. Dawson stated that JIPO is not involved in any litigation process but that the relevant authorities can be notified in a country where an infringement occurs.
