Trade marks

Fiji's Trade Marks Act

Fiji’s Trade Marks Act is based on British trade marks legislation enacted nearly a century ago. It is recognized as overdue for revision.

The Act provides for independent registration of goods marks (but not service marks) in Fiji or registration (generally speaking) as of right based on United Kingdom registrations. Goods are classified according to the old British classes rather than the generally recognized international classes.

Priority is not available on filing of applications but the existence of a prior application will at least put the Registrar on notice of a possible conflict in respect of any subsequent rival application.

The records of the Fiji Trade Marks Registry are not computerised. Searches must be carried out manually. A lack of resources relative to the volume of filings means the registration process can take any time between 10 months to several years.

Independently registered trade marks must be renewed every fourteen years from the date of application. UK based trade marks are valid for the remaining term of the UK trade mark and are renewable for like periods. There is a six month grace period for filing applications for renewal although a small penalty fee of less than US$20 is payable.

A written Authorisation of Agent form, in original, must accompany every application. Clients can save time by downloading, editing and signing the form (original signed hard copy is required) at the same time as sending instructions.

Download pdfDownload Fiji Authorisation of Agent form (PDF 115 KB)

 

Requirements for Filing an Application for Registration

We require the following to file an application for registration:-

1.  an original authorisation of agent;
2.  filing details including the name, address and calling of the applicant;
3.  the specification of goods;
4.  twenty (20) prints of the mark if the mark is not a word mark;
5.  an information sheet;
6.  a certified copy of the United Kingdom trade mark certificate (if the application is to be based on a UK registration).

The Fiji Trade Marks Registry will not accept applications for filing without an original authorisation of agent and information sheet.

Download pdfDownload Trademark information sheet (PDF 126 KB)

 

Requirements for Filing an Application for Renewal

We require the following to file an application for renewal:-

  1. an original authorisation of agent;
  2. at least three (3) original prints of each mark if the mark is not a word mark;
  3. a certified copy UK certificate evidencing its renewal if the Fiji trade mark is based on a UK registration;
  4. the original certificate(s) of registration to be endorsed with the renewal. This is not a requirement of the Registry but clients should have certificates endorsed for completeness of records.

The Fiji Trade Marks Registry will not accept applications for filing without an original authorisation of agent.

 

 

Requirements for filing an application for assignment

We require the following to file an application for assignment:-

  1. an original authorisation of agent;
  2. an original or notarised copy of a deed of assignment. Fiji’s Trade Marks Act provides that a trade mark may only be assigned together with the goodwill of the business concerned in the goods;
  3. a certified copy of the UK certificate evidencing the assignment if the Fiji trade mark is based on a UK registration.
  4. the certificate(s) of registration to be endorsed with the assignment. If you are unable to provide the original certificate(s) of registration, we can apply for certified copy certificates.

The Fiji Trade Marks Registry will not accept applications for filing without an original authorisation of agent and a deed of assignment.

Requirements for filing an application for change of name of proprietor

We require the following to file an application for change of name of proprietor:-

  1. an original authorisation of agent;
  2. certificate of incorporation or a certified copy certificate from the Companies Registry evidencing the change of name. Original certificates or copies certified by the Companies Registry are acceptable;
  3. a certified copy of the UK certificate evidencing the change of name if the Fiji trade mark is based on UK registration;
  4. the certificate(s) of registration to be endorsed with the change of name. If you are unable to provide the original certificate(s) of registration we can apply for certified copy certificates.

The Fiji Trade Marks Registry will not accept applications for filing without an original authorisation of agent and a certificate of change of name.

From 1 January 2016, on a deed of assignment of trademark, stamp duty of 3% will apply on the value of the trade-mark and this is payable by the transferor of the trade-mark.