Business View Caribbean | November 2020

9 BUSINESS VIEW CARIBBEAN NOVEMBER 2020 Author: Marsha Simone Cadogan, Barrister & Solicitor, MSC Intellectual Property & Technology Law; Canaan Bridges Consulting T rademarks are one of the most important forms of intellectual property rights and are highly valued in global consumer markets. While the most valuable trademarks are associated with commodities from the United States, China and Japan, the ability of Caribbean entrepreneurs to leverage trademark rights to regional and global success stories should not be understated. How can Caribbean entrepreneurs leverage their trademarks to become relevant IP assets in COVID-19 times and beyond? An Explainer on Trademarks A trademark is a source identifier that conveys specific meaning about the source of a product or service to consumers in a commercial context. Trademarks can be words, symbols, a combination of words and design or, can be more non-traditional and be represented by a sound, color, smell, hologram or a three- dimensional design. The latter options are registrable if the jurisdiction’s legislation so permits. Examples of non-traditional trademarks include Metro Goldwyn Meyer (MGM) lion’s roar, the Tarzan Yell, BMW’s 4-tone melody sound, and the color red applied to the sole of Christian Louboutin’s shoe. Trademarks can be registered or non-registered. Globally, most Trademarks Management Strategies for Caribbean SMEs