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Fiji (FJ)

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Legal basis is the Trade Mark Act Cap. 240. The Fiji Trade Marks Act is based on the UK Trade Marks Act of 1905.
Fiji is not a member of the Madrid Agreement, the Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
The Nice classification of goods and services does not apply in Fiji. Fiji uses the old pre-1938 British Trade Mark classes.
The Fiji Trade Marks Act only provides for the registration of trademarks and not service marks.
A trade mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with or offering for sale.
The application is filed at the Fiji Intellectual Property Office which considers applications on behalf of the Solicitor-General.
A separate application has to be filed for each class.
An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
An authorisation of agent signed by the applicant or authorised person is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
A trade mark application may be made independently or may be based on a national UK registration certificate issued by the United Kingdom Comptroller-General (and not an EU or Madrid registration).
Independent applications undergo examination and advertising for opposition before registration. On the other hand “UK-based” applications are to be registered as of right without examination or opposition.
Independent trademark applications accepted by the Registrar are published once in both the Fiji Government Gazette and a local newspaper for opposition purposes prior to registration.
The approximate time frame for completing the registration process of a trademark in Fiji is from 12 to 18 months.
National:
The opposition period is 3 months from the publication date of the application in the Fiji Government Gazette. The period for filing oppositions may be extended. If an opposition is filed, a counterstatement must be filed within 21 days or such extended time as may be allowed, failing which the application will be deemed to have been abandoned.
Protection begins with the date of application. A trademark registration is valid for 14 years from date of application. The registration is renewable for periods of 14 years.
In practice, a 6 month grace period is recognised. The wording of the legislation, however, actually allows a trade mark to be removed within the 6 month period.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from the date of an application to the Court by an opponent it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fees for applications for independent registration and UK-based registration are FJD 25.30 for one class and for each additional class.
Advertising costs are variable but would be based on the size of the advertisement.

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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
10-13-2014
Munro Leys, Lawyers & Notaries Public, Suva, Fiji



Fiji Intellectual Property Office
Level 3
Suvavou House
Victoria Parade
Suva
Fiji
Tel +679 330 8966
Fax +679 330 2344
www.ag.gov.fj