Trademarks Law in Kiribati
Certainly! Here's an overview of trademark law in Kiribati:
🇰🇮 Trademark Law in Kiribati
1. Legal Framework
Current System: Kiribati operates under the Registration of United Kingdom Trade Marks Ordinance (Cap 88), which allows for the re-registration of UK trademarks in Kiribati. This system is in place until the new Trademark Act 2019 is fully implemented.
New Legislation: The Trademark Act 2019 was passed by Parliament on 20 August 2019. However, the Trademark Regulations, necessary for the full implementation of the Act, are still under review by the Office of the Attorney General.
International Treaties: Kiribati is a member of the Paris Convention for the Protection of Industrial Property, which it joined on 5 November 2021. The country is also considering acceding to other international IP treaties, including the Madrid Protocol, the Hague Agreement, and the Patent Cooperation Treaty (PCT).
2. Trademark Registration Process
Basis for Registration: To register a trademark in Kiribati, the applicant must hold a corresponding UK trademark registration.
Application Requirements:
Request Letter
Certified Copy of the UK Trademark Registration
Authorization of Agent Form or Power of Attorney
Copy of Official Filing Fee Payment
Five Prints of the Mark
Examination: The application undergoes a formal examination to ensure compliance with Kiribati's legal requirements, focusing on distinctiveness and potential conflicts with existing trademarks
Publication and Opposition: Once examined, the trademark is published in the official gazette. There is no formal opposition period; however, third parties may raise concerns if they believe their rights are infringed.
Registration Certificate: Upon successful examination and publication, a certificate of registration is issued.
3. Duration and Renewal
Validity: Trademark protection in Kiribati is valid for the same duration as the corresponding UK trademark registration. (kashishworld.com)
Renewal: Registrations can be renewed in 10-year intervals, provided the corresponding UK registration is also renewed. (Mondaq)
4. Use Requirements
Non-Use: There is no requirement for a trademark to be used in Kiribati to maintain its registration. (kashishworld.com)
5. Enforcement and Protection
Legal Framework: Trademark enforcement is based on the Registration of United Kingdom Trade Marks Ordinance (Cap 88).
Enforcement Mechanisms: Trademark owners can seek legal remedies through Kiribati's courts for infringement.
6. International Protection
Madrid Protocol: Kiribati is not currently a member of the Madrid Protocol, which facilitates the international registration of trademarks. However, the country is considering acceding to this treaty.
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