Why and how to register a trademark in Fiji

In order to protect a trademark in Fiji, it must be registered through the Fiji Intellectual Property Office (FIPO).

Registrations can be either national or based on a national United Kingdom registration certificate issued by the UK Intellectual Property Office. European Union Trademarks or trademarks registered via the Madrid system and designating the United Kingdom may not be used as basis to apply in Fiji.

If you register a combined trademark (which includes both word elements and figurative elements) in Fiji, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.

Opposition actions may be filed by interested third parties against a trademark application within a period of three (3) months following its publication in the Government Gazette. The probabilities of success for an opposition will vary in each case depending on the circumstances.

National registered trademarks in Fiji have a validity of fourteen (14) years from the application date and can be renewed indefinitely for further periods of fourteen (14) years.

Registered trademarks based on a UK trademark have the same validity as the UK registration it is based on and can be renewed for further ten-year periods.

Although a trademark does not have to be in use in order for it to register, it must not go unused for more than five years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Fiji (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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