Trade Mark Registration in the Pacific Islands

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There have been a number of changes to the legislation in various countries in the South Pacific over the last 12 months including new Trade Marks Acts in Vanuatu and Samoa. As an update and by way of reminder for other countries, we have summarised below the protection available throughout the South Pacific.

 

Country
System
Multi-Class
Service Marks
American Samoa
Covered by United States registration
Yes
Yes
Christmas Island
Covered by Australian registration
Yes
Yes
Cocos (Keeling Islands)
Covered by Australian registration
Yes
Yes
Cook Island
Publication of cautionary notice
N/A
N/A
East Timor
Publication of cautionary notice
N/A
N/A
Fiji
Own independent registration system. Applications lodged via agent
No
No
French Polynesia
Covered by French national registration and International Registration designating France
Yes
Yes
Guam
Covered by United States registration
Yes
Yes
Kiribati
Re-registration of corresponding United Kingdom registration. Applications lodged direct with Ministry of Commerce Industry and Cooperatices
No
No
Marshall Islands
Publication of cautionary notice
N/A
N/A
Micronesia

Publication of cautionary notice(Palau can be covered in the same notice)

N/A
N/A
Nauru
Publication of cautionary notice
N/A
N/A
New Caledonia
Covered by French national registration and International Registration designating France
Yes
Yes
Norfolk Island
Covered by Australian Registration
Yes
Yes
Northern Mariana Islands
Covered by US registration
Yes
Yes
Nuie
Publication of cautionary notice
N/A
N/A
Palau
Publication of cautionary notice (Micronesia can be covered in the same notice)
N/A
N/A
Papua New Guinea
Own independent reigstration system. Applications lodged directly with Intellectual Property Office of PNG
No
Yes
Samoa
Own independent registration system. Applications lodged direct with Ministry of Commerce Industry and Labour
No
No
Solomon Islands
Re-registration of corresponding United Kingdom registration. Applications lodged direct with Reistrar General of the Solomon Islands
Yes
No
Tokelau
Publication of cautionary notice only means of protection but does not appear to be possible
N/A
N/A
Tonga
Own independent registration system. Applications lodged through agent
Yes
Yes
Tuvalu
Re-registration of corresponding United Kingdom registration. Applications lodged direct with Tuvalu
Yes
No
Vanuatu
Own independent registration system. Applications lodged direct with Vanuatu Ministry of Trade, Tourism & Industry
Yes
Yes
Wallis & Futuna Islands
Covered by French national registration and International Registration designating France
Yes
Yes

Spruson & Ferguson is able to assist you in protecting your trade marks in this region. If you require any further information, please contact us.

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