Trademarks Law in Fiji
Certainly! Here’s a detailed overview of Trademark Law in Fiji:
🇫🇯 Trademark Law in Fiji
Legal Framework
Trademark law in Fiji is governed primarily by the Trade Marks Act 1999 and its subsequent amendments.
The law aligns with international standards and Fiji is a member of key IP treaties including:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (Fiji became a member in 2013)
TRIPS Agreement
Administering Authority
The Fiji Intellectual Property Office (FIPO), operating under the Ministry of Industry, Trade and Tourism, administers trademarks.
What Can Be Registered?
Registrable trademarks include:
Words, names, letters, numerals
Logos, designs, symbols
Shapes, colors, sounds (if distinctive)
Any sign capable of distinguishing goods or services of one entity from those of others
Registration Process
Application Submission:
File an application with FIPO.
Include trademark representation, applicant information, and a list of goods/services classified under the Nice Classification.
Formal Examination:
Check for completeness and formal requirements.
Substantive Examination:
Examines whether the trademark is distinctive and does not conflict with prior marks.
Publication:
Accepted applications are published in the Fiji Intellectual Property Journal.
Opposition Period:
Third parties have 3 months to oppose the application after publication.
Registration:
If no opposition or if opposition fails, the trademark is registered, and a certificate is issued.
Duration and Renewal
Trademark registrations are valid for 10 years from the filing date.
They can be renewed indefinitely for further 10-year periods by paying renewal fees.
Use Requirement and Cancellation
Trademarks must be genuinely used within Fiji.
Non-use for 3 consecutive years after registration can be a ground for cancellation upon request, unless justified.
Rights Conferred
Exclusive right to use the mark for the registered goods and services.
Ability to prevent unauthorized use or infringement.
Rights to license, assign, or enforce the trademark through legal proceedings.
Enforcement
Trademark infringement cases are handled through Fiji’s civil courts.
Remedies include injunctions, damages, account of profits, and destruction of infringing goods.
Customs authorities assist in preventing the importation of counterfeit goods.
Criminal sanctions may apply in cases of intentional infringement or counterfeiting.
International Protection
Fiji’s membership in the Madrid Protocol allows international applicants to designate Fiji for trademark protection.
Conversely, Fiji trademark owners can file international registrations through Madrid.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Act 1999 and amendments |
| Administering Authority | Fiji Intellectual Property Office (FIPO) |
| Duration | 10 years, renewable |
| Use Requirement | Genuine use required; non-use for 3 years can lead to cancellation |
| Opposition Period | 3 months post-publication |
| International Treaties | Paris Convention, Madrid Protocol, TRIPS |
| Types of Marks | Word, logo, sound, color, shape, etc. |
RELATED Blog
0 comments