Registering Trademarks in the Pacific
By Leonard Chite and Sandy Nyunt
Intellectual property laws have existed in the Pacific Islands region for a number of years. However, they are subject to a variety of different local regimes. On this basis, original works and trademarks have traditionally been left inadequately protected. In this article, we have provided an overview of trademark law in Fiji, Papua New Guinea (PNG), Samoa, the Solomon Islands, Vanuatu, and Tonga. We have also provided information in respect of how trademarks are registered in each of the jurisdictions to ensure that trademarks belonging to local businesses are adequately protected.
What are trademarks and how are they registered across the Pacific?
A trademark is a form of intellectual property consisting of a symbol, design, or expression that is used, or intended to be used, to distinguish goods or services from others. There are considerable distinctions in the approaches to trademark registration across the Pacific. We have provided a summary of trademark protection in the different jurisdictions below.
Jurisdiction | Regulation | Registration in another jurisdiction? | Limitations on registration | Expiry |
Fiji | Applications and registrations are regulated by the Trade Marks Act 1933 and are maintained by the Register of Trademarks. | Fiji trademarks may be registered under a UK trademark registration. In order to make a registration in Fiji, a certificate issued by the UK’s Comptroller of Intellectual Property is required to be lodged with the Fijian Register of Trademarks. | A trademark cannot be registered if: It is identical to a trademark which is already on the register or so nearly resembling such a trademark as to be calculated to deceive. | 14 years after registration. |
Papua New Guinea | Applications and registrations are regulated under the Trade Marks Act 1978 and are maintained by the Register of Trademarks. | | A trademark cannot be registered if: It is substantially identical with or deceptively similar to a trademark which is registered, or subject of an application for registration by another person in respect of the same class or description. | 10 years after registration. |
Samoa | Applications and registrations are regulated under the Intellectual Property Act 2011and are maintained by the Register of Trademarks. | | A trademark cannot be registered if:
- for the same goods or services; or - for similar goods or services, and its use is likely to deceive or confuse;
| |
Solomon Islands | Applications and registrations are maintained by the Registrar General’s Office. However, an application for registration must be based on a corresponding United Kingdom registration. | To register a trademark in the Solomon Islands, it is necessary to first have the trademark registered in the United Kingdom and then to extend it through the Solomon Islands Registrar General’s Office. | | Initially valid until the corresponding UK trademark registration expires, then 10 years after each renewal. |
Vanuatu | Applications and registrations are regulated under the Trademarks Act 2003 and are maintained by the Register of Trademarks. | | A trademark cannot be registered if the trademark is:
- a trademark registered for similar goods/services; or a trademark whose registration for similar goods/services is being sought by another person. | 10 years after registration. |
Tonga | Applications and registrations are regulated by the Industrial Property Act 1994 and are maintained by the Registrar of Industrial Property. | | A trademark cannot be registered if:
| 10 years after registration. |