Trademarks in Fiji

Competent Authority & System

• Official Authority: the Office of the Attorney-General of Fiji handles trademarks, through its trademarks service.
• Legislation: Trademarks Act 2021 (Act No. 36 of 2021), adopted on 19 August 2021. It sets up a Commissioner of Trademarks, whose functions include examining applications and deciding on acceptance and registration. The Act comes into force on a date, or dates, appointed by the Minister by notice in the Gazette.
• Regulations: official fees, the manner of applying and several time limits are "prescribed", that is, set in regulations made under the Act.

International Treaties

• Madrid System: the Act provides for protection in Fiji of international trademarks under the Madrid Protocol (a "protected international trademark (Fiji)").

Classification Framework

• Nice Classification: the Act introduces the international 45-class Nice Classification of goods and services, in place of Fiji's older classification.

Publication & Opposition

• Publication: after acceptance, an application is advertised.
• Opposition: it is made within the prescribed time and in the prescribed manner. The time limit is set in the regulations.

Duration & Renewal

• Validity period: under the Act, a registration lasts 10 years (section 52).
• Renewal: the renewal application must be filed not more than 12 months before, and not more than 6 months after, the expiry date (section 54).

Use Requirements & Priority System

• Non-use removal: a registration can be revoked if the mark has not been genuinely used in the course of trade in Fiji for a continuous period of 5 years or more (section 61).

Post-Registration Transactions

• Assignments: a mark can be assigned. The new owner's title must be registered with the Commissioner, and the documents are filed for the public record (section 76).

Country-Specific Risks & Practical Insights

• Check the current position before you file: the steps, fees and time limits depend on which rules apply on the day you file, because the 2021 Act is brought into force by Gazette notice. Ask us, and we confirm the position for your mark first.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.