Solomon Islands (SB)
Apr 25, 2019 (Newsletter Issue 6/19)
Accession to WIPO Convention
WIPO notifies the deposit by the Government of Solomon Islands of its instrument of accession to the Convention Establishing the World Intellectual Property Organization (WIPO Convention).
The said Convention will enter into force, with respect to Solomon Islands, on July 4, 2019.
Source: www.wipo.int
Legal basis is the Registration of United Kingdom Trade Marks Ordinance [Chapter 180] in force since 20 June 1939.
The Solomon Islands are not a member of the Madrid Agreement, the Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
Nice classification, 11th 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 accepted for registration: trademarks, certification and collective marks. The law makes no express provision for service marks but they are accepted in practice.
The application is filed at the Registrar-General’s Office.
Multiple-class applications are possible.
An application can include goods and services in any number of classes. There are no 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 the Solomon Islands 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 trade mark. A trademark registration is valid for the duration of the corresponding United Kingdom registration in respect of the goods and services which the trade is registered in the Solomon Islands.
There is no provision for a renewal grace period. 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
hereThere 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
hereThe official application fee is SBD 1,500.00 for one or more classes. The registration fee is covered in the official application fee above.
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