The Pacific island nations are characterized by remote locations, small populations, and exceedingly limited resources, where obtaining trademark protection can be less than straight forward, and the process corresponding to trademark registration can at times prove to be a little arduous and challenging. So, let us now make ourselves familiar with laws of Trademark Protection and Registration in key pacific island nations, including Fiji, Kiribati, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

Fiji

Fiji, also officially known as the Republic of Fiji, is an island country in Melanesia in the South Pacific. With an archipelago of even more than 330 islands, the country has a total land area of somewhere around 18,300 square kilometers. In Fiji, the Trade Marks Act of 1933 governs and deals with the mechanism of Trademark Registration, which is, in turn, based on the UK Trade Marks Act of 1905. Trademark registration and protection in Fiji may be obtained by filing a national Trademark Application. The island country is not a member of the Madrid Agreement, the Madrid Protocol, or the European Union.  It doesn’t follow the Nice International Classification System of goods and services, and instead uses the old pre-1938 British Trade Mark Classes. Additionally, Fiji neither allows multiclass trademark applications nor enables service marks to be registered. Trademark protection for independent trademark registration is valid for 14 years from the date of application in Fiji, which is further renewable for periods of 14 years.

Kiribati

Kiribati, also officially known as the Republic of Kiribati, is a country in the central Pacific Ocean with a total land area of 800 square kilometers. The Registration of United Kingdom Trade Marks Ordinance [Cap 88], which is in force since 22nd August 1939, forms the legal basis of trademark registration in Kiribati. Only the trademark owner of a UK-based trademark registration for the same mark corresponding to the same goods can apply in Kiribati as well for which authorization of agent and the certified copy of the UK trademark registration are required. The country is not a member of the Madrid Agreement, the Madrid Protocol, or the European Union. It follows the 11th edition of Nice Classification; however, it doesn’t allow multiclass trademark applications and doesn’t cover service marks. Trademark protection in Kiribati ends corresponding to the registration term of the UK-based trademark.

Papua New Guinea

Papua New Guinea, also officially known as the Independent State of Papua New Guinea, is a country in Oceania in the southwestern Pacific. As the world’s third-largest island country, Papua New Guinea has a total area of 462,840 km2. The Law of 1978, which is in force since 1980, governs and deals with the mechanism of trademark registration in Papua New Guinea. Trademark Protection can be obtained by registration and can also be acquired with sufficient public recognition. The country is not a member of the Madrid Agreement, the Madrid Protocol, or the European Union. It follows the 9th edition of Nice Classification and covers both goods and services; however, it doesn’t allow multiclass trademark applications. Collective marks, 3D marks, quality marks (certification marks) can be registered in Papua New Guinea. Trademark protection is valid for ten years from the date of registration in Papua New Guinea, which is further renewable for periods of 10 years.

Samoa

Samoa, which is also officially known as the Independent State of Samoa, and, until 4th July 1997, known as Western Samoa, is a country consisting of two prime islands, namely Upolu and Savai’i. The Intellectual Property Act 2011, which is in force since 1st October 2012, and the Intellectual Property Amendment Act 2018 together form the legal basis of trademark registration in Samoa. It follows the 9th edition of Nice Classification. The national trademark application can be filed with the Ministry of Commerce Industry and Labour directly. Multiclass trademark applications are not available in the country, and the trademark law doesn’t cover service marks as well. From March 2019, it is possible to file trademark applications in Samoa under the Madrid Protocol, which includes multiclass applications and covers services too. Trademark protection is valid for ten years from the date of application in Samoa, which is further renewable for periods of 10 years.

Solomon Islands

Consisting of six major islands, Solomon Islands is a sovereign state in Oceania with a total land area of 28,400 square kilometers. The Registration of United Kingdom Trade Marks Ordinance [Chapter 180], which is in force since 20th June 1939, governs and deals with the mechanism of trademark registration in the Solomon Islands. Trademark registrations in the Solomon Islands must be corresponding to a UK-based trademark registration, which is then, in turn, re-registered with the Registrar General of the Solomon Islands directly. The country is not a member of the Madrid Agreement, the Madrid Protocol, or the European Union. It doesn’t cover the service marks but allows multiclass trademark applications and follows 11th edition of Nice Classification. Trademark protection in the Solomon Islands ends corresponding to the registration term of the UK-based trademark.

Tonga

Tonga, also officially known as the Kingdom of Tonga, is an archipelago consisting of 169 islands and a Polynesian sovereign state with a total surface area of 750 square kilometers. The Industrial Property Act of 1994, effective from 1st February 2000, forms the legal basis of trademark registration in Tonga. It is not a member of the Madrid Agreement, the Madrid Protocol, or the European Union, and has its independent trademark registration system. A trademark application can be filed corresponding to both goods and services in Tonga. Multiclass trademark applications are permitted and the nation follows the 11th edition of Nice Classification. Trademark protection is valid for ten years from the date of application in Tonga, which is further renewable for periods of 10 years.

Tuvalu

Tuvalu, also formerly known as the Ellice Islands, is a country in Polynesia with a total land area (of its islands) of 26 square kilometers. The Registration of United Kingdom Trade Marks Ordinance [Cap 63], which is in force since 22nd August 1939, governs and deals with the mechanism of trademark registration in Tuvalu. Only the trademark owner of a UK-based trademark registration can apply for the same mark corresponding to the same goods or services in Tuvalu, for which an authorization of agent and a certified copy of the UK-based trademark registration are required. The country is not a member of the Madrid Agreement, the Madrid Protocol, or the European Union, and follows the 11th edition of Nice Classification. While the trademark law in Tuvalu does not govern the registration of service marks, the Registrar will register the services if they are covered in the corresponding UK-based trademark registration, although they are not necessarily enforceable. Trademark protection in Tuvalu ends corresponding to the registration term of the UK-based trademark.

Vanuatu

Vanuatu, officially known as the Republic of Vanuatu, is a Pacific island country in the South Pacific Ocean. The Vanuatu Trademarks Act 2003, which came into force on 8th February 2011, forms the legal basis of trademark registration. The country is not a member of the Madrid Agreement or the Madrid Protocol. It follows the 11th edition of Nice Classification and covers both goods and services; however, a trademark application can’t cover a series of marks. The trademark law in Vanuatu permits multiclass trademark applications as well. Trademark protection is valid for ten years from the date of application in Vanuatu, which is further renewable for periods of 10 years.