Trademarks Law in Vanuatu

30 May 2025 --
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Trademarks Law in Vanuatu

1. Legal Basis

The main legislation governing trademarks in Vanuatu is the Trademarks Act No. 1 of 2003, which is administered by the Vanuatu Intellectual Property Office (VanIPO). This law sets out the rules for:

What constitutes a trademark

Registration procedures

Rights of trademark owners

Enforcement and penalties

Vanuatu also aligns its trademark law with international standards, including the Nice Classification for goods and services.

2. Definition of a Trademark

A trademark in Vanuatu is any sign used or intended to be used to distinguish goods or services of one person from those of others. This includes:

Words and letters

Names and signatures

Logos and symbols

Shapes and packaging

Colors, sounds, or scents (if distinctive)

The key idea is that the trademark must be distinctive and capable of identifying the source of goods or services.

3. System of Protection

Vanuatu follows a “first-to-file” system, which means:

Registration is crucial to obtain exclusive rights.

Whoever files a trademark first generally gains priority, even if someone else has used the mark earlier elsewhere.

Unregistered trademarks have very limited protection.

4. Registration Procedure

The general process for registering a trademark in Vanuatu is:

Preliminary Search – Check if a similar mark already exists.

Filing Application – Submit the application with a representation of the mark and a list of goods/services under the appropriate classification.

Examination – VanIPO examines the application for compliance with formal requirements and distinctiveness.

Publication – Accepted applications are published in the Vanuatu Gazette for a 90-day opposition period.

Opposition – Third parties can oppose registration on statutory grounds.

Registration – If there is no opposition or opposition fails, the trademark is registered, and a certificate is issued.

Renewal – Trademark protection lasts 10 years and can be renewed indefinitely for further 10-year periods.

5. Rights of Trademark Owners

Once a trademark is registered:

The owner has the exclusive right to use the mark in relation to the registered goods or services in Vanuatu.

The owner can sue for infringement in civil courts and claim damages or injunctions.

Registration helps prevent the importation or sale of counterfeit goods.

6. Grounds for Refusal

A trademark may be refused if it:

Is not distinctive

Is descriptive of the goods or services

Is identical or confusingly similar to an existing mark

Is contrary to public order or morality

7. Infringement and Enforcement

Infringement occurs when a person:

Uses a registered trademark without permission

Sells, manufactures, or imports goods with counterfeit marks

Enforcement includes:

Civil lawsuits for injunctions or damages

Criminal action for deliberate counterfeiting

Customs seizure of imported infringing goods

8. Penalties

Criminal penalties under the Trademarks Act include:

Imprisonment up to 2 years

Fines up to 2,000,000 Vatu

Or both for knowingly selling or importing goods with a counterfeit trademark

Additional penalties apply for false representation, such as claiming a mark is registered when it is not:

Fine up to 200,000 Vatu per offence

9. Duration and Renewal

Registration is valid for 10 years from the filing date.

Can be renewed indefinitely in 10-year blocks.

Trademarks that are not used for 3 consecutive years can be canceled for non-use.

10. International Considerations

Vanuatu allows priority claims from trademarks filed in eligible convention countries.

Vanuatu is not a member of the Madrid Protocol, so international trademark protection must be obtained through local registration.

Summary Table

Aspect	Details
Governing Law	Trademarks Act No. 1 of 2003
Definition	Any sign capable of distinguishing goods/services
System	First-to-file
Registration Process	Search → File → Examine → Publish → Opposition → Register → Renew
Duration	10 years, renewable indefinitely
Rights	Exclusive use, sue for infringement, prevent counterfeits
Enforcement	Civil & criminal remedies; customs seizure
Penalties	Fine up to 2M Vatu, imprisonment up to 2 years, false representation up to 200K Vatu
International	Priority from convention countries allowed, not part of Madrid Protocol