Trademarks Law in Vanuatu

30 May 2025 --
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Trademark law in Vanuatu is governed by the Trade Marks Act No. 21 of 2003, which provides the legal framework for the registration, protection, and enforcement of trademarks within the country. The Vanuatu Intellectual Property Office (VanIPO), operating under the Ministry of Tourism, Trade & Industry, is the primary authority responsible for trademark registration and related services. (vanipo.gov.vu)

📝 Trademark Registration Process

1. Preliminary Search

Before filing an application, it's advisable to conduct a preliminary search to ensure that your proposed trademark is not identical or confusingly similar to existing registered trademarks. While Vanuatu does not have an online search tool, you can engage a local trademark agent or attorney to assist with this process. (The International Trade Council)

2. Filing the Application

Trademark applications must be submitted to VanIPO. The application should include:(vanipo.gov.vu)

A clear representation of the trademark

A list of goods and services (classified according to the Nice Classification)

Applicant's details

Power of Attorney (if filed by an agent)

Proof of payment of the application fee(The International Trade Council)

Applications can be submitted in person at the VanIPO office or by mail. Currently, there is no option for online filing. (vanipo.gov.vu, The International Trade Council)

3. Examination

Upon receipt, VanIPO will examine the application to ensure compliance with the Trade Marks Act. This includes assessing the distinctiveness of the trademark and checking for conflicts with existing registrations. The examination process typically takes between 12 to 18 months. (The International Trade Council)

4. Publication and Opposition

If the application passes examination, it will be published in the Official Gazette. This initiates a 28-day opposition period during which third parties can challenge the registration. If no opposition is filed, or if any opposition is resolved in favor of the applicant, the trademark proceeds to registration.

5. Registration and Certificate

Upon successful registration, a Certificate of Registration is issued. The registration is valid for 10 years from the filing date and is renewable indefinitely for successive 10-year periods.

⏳ Duration and Renewal

Initial Protection: 10 years from the filing date

Renewal: Every 10 years

Grace Period: 3 months after expiration for late renewal, subject to additional fees (kashishworld.com, igerent.com)

📌 Use Requirement and Cancellation

A registered trademark must be used within 3 years and 1 month from the registration date. If it remains unused for this period, it becomes vulnerable to cancellation. Cancellation actions can only be initiated after 5 years from the filing date. (Proxario, igerent.com)

🌍 International Protection

Vanuatu is not a member of the Madrid Agreement or the Madrid Protocol, so international protection through these systems is not available. Trademark protection in Vanuatu is obtained solely through national registration. (kashishworld.com)

⚖️ Enforcement and Legal Remedies

Trademark owners in Vanuatu have the right to take legal action against infringement. Remedies include:

Injunctions: Court orders to stop infringing activities

Damages: Compensation for losses suffered due to infringement

Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the trademark

Criminal Offenses: Trademark infringement may constitute a criminal offense under Vanuatu law, with penalties including fines and imprisonment (kashishworld.com)

✅ Summary

Registration Authority: Vanuatu Intellectual Property Office (VanIPO)

Application Process:

Conduct a trademark search

File application with VanIPO

Undergo examination

Publication for opposition

Issuance of registration certificate

Duration:

Processing time: 12–18 months

Registration validity: 10 years

Renewal: Every 10 years