Trademark Registration in Fiji. Fiji, officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. Endowed with forest, mineral, and fish resources, Fiji is one of the most developed of the Pacific island economies, though still with a large subsistence sector. Natural resources include timber, fish, gold, copper, offshore oil, and hydropower. Economic liberalization created a boom in the garment industry and a steady growth rate despite growing uncertainty regarding land tenure in the sugar industry. Accordingly, many businesses want to expand to Fiji and one of the most important steps a business needs to take before entering this market is to learn about the procedure of trademark registration in Fiji.
Necessary documents for trademark registration in Fiji
Necessary documents for trademark registration in Fiji include:
- Signed Power of attorney (POA).
- The detailed information of the applicant.
- Trademark models (not required for word marks).
- List of goods and/or services.
- Copy of priority document (if any).
- A certified copy of the United Kingdom trademark certificate (if the application is to be based on a UK registration).
The procedure of trademark registration in Fiji
To register a trademark in Fiji, the trademark applications must be filed with the Fiji Intellectual Property Office (FIPO).
- Separate trademark: If one wishes to use the word element separately from the logo (or vice versa), the applicant should register for another trademark including only the word or figurative elements that they wish to use and protect separately to have the best protection to the registered trademark in the market.
- Combined trademark: If one registers a combined trademark (which includes both word elements and figurative elements) in this country, the exclusive right to use the trademark is limited to the use of the trademark in the exact configuration or way in which it was filed and registered.
Note:
The trademark registration in Fiji can be either national or based on a national United Kingdom registration certificate issued by the UK Intellectual Property Office.
However, it should be noted that if the applicant decides to register their trademark via European Union Trademarks or via the Madrid system and designating the United Kingdom, it may not be used as the basis to apply for trademark registration.
Once registered, if a trademark is not used by its owner in Fiji within 5 years from the date it was registered, third parties may file for a cancellation action against the trademark.
Opposition and validity period of trademark registration in Fiji
In the circumstance that one feels that their rights are violated, they may file an opposition action against the registration of the trademark.
However, it should be noted that the time limit for the objection period is 3 months from the date that the details of the trademark application are published in the Official Gazette. The chances of success for the opposition action will vary in each case depending on the circumstances.
Different from other countries, the registered trademark in Fiji will have a validity of 14 years from the registration date. The trademark owner may file for a renewal of their trademark for an additional 14 years indefinitely.
You can see a list of Fiji IP firms here.