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Tuvalu (TV)

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Legal basis is the Registration of United Kingdom Trade Marks Ordinance [Cap 63] in force since 22 August 1939.
Tuvalu 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 forms 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 Office of the Attorney-General.
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 trademark application must be based on a national UK registration certificate issued by the United Kingdom Comptroller-General. Once the application is lodged, the Registrar is required to enter the particulars in the Trade Marks Register and issue the applicant with the registration certificate. There is no requirement for publication or opposition.
The approximate time frame for completing the registration process of a trademark in Tuvalu is from 2 to 3 years.
National:
There is no opposition period. Applications are to be registered as of right without publication or opposition.
Protection begins from the date of the registration of the corresponding United Kingdom trademark. A trademark registration is valid for the duration of the corresponding United Kingdom registration in respect of the goods which the trade is registered in Tuvalu.
There is no provision for a renewal grace period. The United Kingdom Trade Marks Ordinance only states that if a registration in the Register of Trade Marks is not renewed, it shall be cancelled. There is no grace period prescribed in the Ordinance.

Further practical details are available in our publication on this topic here
There is no provision for cancellation of a trademark on the basis of non-use.

Further practical details are available in our publication on this topic here
The official application fee is AUD 400.00 for one class and AUD 300.00 for each additional class. The registration fee is included in the official application fee. There is no publication 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



Office of The Administrator General
P.O. Box 63
Government Building
Vaiaku
Funafuti
Tuvalu

Tel +688 20 123
Fax +688 20 817
Mail agoffice@tuvalu.tv