In brief:
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The new Kiribati trade-marks regime
The Kiribati Ministry responsible for intellectual property has formally notified stakeholders of the upcoming implementation of the Kiribati Trademarks Act 2019 which is to come into effect on 11 January 2027. Some aspects of the notification are unclear and we are seeking clarification on these.
The new Act will replace the existing system for re-registering United Kingdom trade marks under the Registration of United Kingdom Trade Marks Ordinance (Cap. 88) and introduce a standalone national trade mark registration system in Kiribati. United Kingdom trade marks will no longer form the basis of registration from 11 January 2027 or be available as an alternative basis of registration.
The notification follows an earlier formal ministerial notice dated 27 April 2026 which purported to announce the coming into effect of the new Act without specifying a commencement date. A ministerial notice for the new January 2027 commencement date is yet to be sighted. Despite this regulatory confusion it would be prudent to treat 11 January 2027 as the Effective Date.
Key changes
Some key changes under the new Act are:
- Direct national filing: Trade mark applications will be filed directly with the Kiribati Intellectual Property Division (KIPD) and will no longer depend on an existing United Kingdom registration.
- International classification: Applications will be classified in accordance with the Nice Classification of Goods and Services.
- Priority: Priority may be claimed under the Paris Convention.
- Substantive examination: The Ministry has advised that applicants will be required to provide evidence of substantive examination from a recognised substantive examination body or institution of their choice. It is not yet clear what the Ministry will require. Further, neither the Trademarks Act 2019 nor the Trademark Regulations 2025 appear to provide for this requirement. We are seeking clarification from the KIPD and will provide a further update once this is confirmed.
- Formal examination: Applications will undergo formal examination by the Kiribati Registrar, including assessment of the applicable filing requirements and, subject to the clarification referred to above, any required substantive examination evidence.
- Publication and opposition: Accepted applications will be published in the Official Gazette/IP Journal and through an online portal/website, with an opposition period of 14 days from “date of publication” under the Act. The relevant Regulations appear to have extended this to three months from date of publication (although it is not clear that the three-month period is authorised by the Act – we are seeking clarification on this).
- Mandatory appointment of a Kiribati local agent: For foreign applicants who do not have a local residence, principal place of business or registered office in Kiribati, filings will need to be made through a Kiribati-registered legal practitioner or law firm to satisfy the requirement for a local address for service. We will manage and coordinate the required local representation on behalf of our clients as part of the filing process.
- Power of Attorney/authorisation: Agents will need a formal Authorisation of Agent or power of attorney executed by the applicant. We will provide the appropriate documentation and guide clients through the execution requirements where applicable (we are now clarifying final formats with the KIPD).
- Application requirements: New applications will require full applicant details, a clear representation of the trade mark, the relevant Nice classes, and payment of the applicable statutory filing fees.
Pending Applications
Applications which are pending on the Effective Date will continue to be dealt with under the Registration of United Kingdom Trade Marks Ordinance (Cap. 88).
Existing Kiribati registrations
Existing rights obtained under the Registration of United Kingdom Trade Marks Ordinance (Cap. 88) will remain valid until their expiry. However, renewals will be dealt with in accordance with the application requirements of the new legislation where renewal falls on or after the Effective Date.
Filing UK-based registrations – move at speed!
If you intend to file an application in Kiribati for registration based on a United Kingdom registration, you will need to act with speed to get instructions to us as soon as possible. Flights to Kiribati are limited and constrained by demand, intervening holidays and possible bad weather. Completed applications and related documentation should therefore reach us no later than 21 December 2026.
Next steps
We are taking the necessary steps to ensure continuity of service for our clients during the transition. We will provide further updates as additional information becomes available. Once we have clarity on outstanding issues we will update our fee schedule to reflect the change. Pending updated fee advice you may rely on our existing fee schedule.
We appreciate the trust you place in us in managing your intellectual property matters throughout the Pacific and look forward to helping you through the Kiribati transition. Should you have any questions regarding the new regime or would like us to review your existing Kiribati trade mark portfolio in preparation for the transition, please contact Jon Apted or Joshleen Kumar.
Disclaimer
The information and opinions in this Legal Alert are for general information purposes only. They are not intended as specific legal or other professional advice and should not be relied upon or treated as a substitute for specific advice. Munro Leys can accept no responsibility for any loss arising from reliance on the general information contained in this Legal Alert.