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Kiribati (KI)

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Legal basis is the Registration of United Kingdom Trade Marks Ordinance [Cap 88] in force since 22 August 1939.
Is not a member of the Madrid Agreement, the Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
Nice classification, 10th edition.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging, and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks and collective marks. The law makes no express provision for service marks but they are accepted in practice.
The application is filed at the Ministry of Commerce, Industry and Cooperatives.
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants do not need a local agent.
A power of attorney signed by the applicant or authorised person is necessary.
Foreign applicants do not need a domestic registration.
A trade mark application must be based on a national UK registration certificate issued by the United Kingdom Comptroller-General. Once an application is lodged, the Registrar is required to enter the particulars of the application in the Trade Marks Register and issue the applicant with a registration certificate. There is no requirement for publication or opposition.
The approximate time frame for completing the registration process of a trademark in Kiribati is from 3 to 12 months at the most depending upon confirmation by the Ministry of Finance on payment of filing fees.
National:
There is no opposition period. Applications are to be registered as of right without publication or opposition.
Protection begins from the date of registration of the corresponding United Kingdom trade mark. A trademark registration is valid for the duration of the corresponding UK registration in respect of the goods which the trade is registered in Kiribati.

There is no provision for a grace period for renewals. The Registration of United Kingdom Trade Marks Ordinance only states that if a registration in the Register of Trade Marks is not renewed, it shall be cancelled. However, in practice, the Registrar-General’s Office rarely removes expired trade marks from the Register, and owners of expired trade marks are usually free to apply for its renewal once the corresponding UK registration is renewed.

Further practical details are available in our publication on this topic here
There is no provision for cancellation of a trade mark on the basis of non-use in the Registration of United Kingdom Trade Marks Ordinance.

Further practical details are available in our publication on this topic here
The official application fee is AUD 100.00 for one class and AUD 100.00 for each additional class. The registration fee is included in the official application fee.


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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
01-19-2015
Munro Leys, Lawyers & Notaries Public, Suva, Fiji



Ministry of Commerce, Industry & Cooperatives
Betio
Tarawa
Kiribati

Tel +686 26157 or 26158
Fax +686 26 233
www.mcic.gov.ki