Trademarks Law in Palau
Trademark protection in Palau operates under a common law framework due to the absence of formal trademark legislation. This means that rights are primarily established through the use of the mark in commerce and public notice.(Viet An Law)
🛡️ Trademark Protection in Palau
1. Cautionary Notices
The most widely accepted method for asserting trademark rights in Palau is by publishing a cautionary notice in The Island Times, the nation's official newspaper. This publication serves as a public declaration of ownership and usage of the trademark. It is recommended to republish this notice every two years to maintain the presumption of ownership. The notice should include:(Proxario, igerent.com)
Trademark name
Owner's name and contact information
Description of goods or services associated with the mark
Statement of exclusive use(WIPO)
Publishing this notice helps to inform the public of the trademark's existence and can serve as evidence in legal disputes. (Viet An Law)
2. Use in Commerce
In addition to publishing cautionary notices, actively using the trademark in commerce within Palau reinforces ownership rights. This includes consistent use on products, packaging, advertising materials, and digital platforms. Continuous and exclusive use can strengthen the claim to the trademark and deter potential infringers. (Proxario, Viet An Law)
📄 Trademark Registration
Currently, Palau does not have a formal trademark registration system. There is no government office or official database for trademark registrations. Therefore, obtaining a Trademark Registration Certificate is not possible under the current legal framework. (Viet An Law)
🌐 International Protection
Palau is not a member of the Madrid Protocol, and there is no bilateral agreement with the United States or other countries that extends trademark protection to Palau. As such, trademarks registered in other jurisdictions do not automatically provide protection in Palau. Therefore, businesses seeking to protect their trademarks in Palau must rely on local common law practices, such as publishing cautionary notices and using the mark in commerce within the country. (Proxario)
✅ Summary Table
| Feature | Details |
|---|---|
| Legal Framework | Common law; no formal trademark legislation |
| Trademark Protection Method | Publication of cautionary notices in The Island Times |
| Registration Authority | None (no official trademark registration system) |
| International Treaties | Not a member of the Madrid Protocol; no bilateral agreements for trademark protection |
| Renewal of Protection | Recommended publication of cautionary notice every 2 years |
| Use Requirement | Active and exclusive use in commerce within Palau |
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