From Fiji to French Polynesia: Navigating Trade Marks in the Pacific Islands
Trade Marks in the Pacific Islands
For many people around the world, mentions of the Pacific Islands brings to mind images of a beautiful and sun-soaked holiday. Beyond tourism, many of the Pacific Islands are important centres for trade. As a result, it can be important to secure protection for your brand(s) in these jurisdictions, whether you are a local trader seeking to expand in the region or an international business establishing yourself in a new market.
Unlike some other jurisdictions, like the European Union, which allows for one application across all Member States, there is not a unified system across the Pacific Islands. In fact, trade mark protection in this region is quite complex and presents unique challenges unseen in other parts of the world.
Local Registrations
There are a number of Pacific Islands which have local laws and a formal system of trade mark registration. Some of these jurisdictions, such as Fiji, are well established, while others have differing levels of sophistication. Each jurisdiction has its own particular formalities requirements. Like elsewhere around the world, seeking official registration of your trade mark(s) in the regions you plan to be active in is always recommended for protection of your rights and the ability to enforce those rights against any unauthorised use of your brand(s) in said jurisdictions. This is particularly the case in places where use of and reputation in a trade mark do not necessarily afford you with enforceable rights.
Overseas Registrations
A number of jurisdictions across the Pacific Islands do not have their own systems of registration but instead rely on registration in other jurisdictions. For example, seeking trade mark protection in French Polynesia, New Caledonia and Wallis and Fortuna requires a French trade mark registration. Additionally, a registration in the United States of America is the way to seek protection in other Pacific Islands, including Guam, American Samoa and Northern Mariana.
However, there is an added layer of complexity for those wishing to seek protection in jurisdictions relying on foreign trade mark registrations. Some of these jurisdictions apply the registration automatically upon obtaining the original foreign registration, meanwhile others require the owner of the trade mark to go through a re-registration process locally.
Cautionary Notices
In countries that do not have a formal system of trade mark registration, either through local procedures or overseas rights, it remains important to consider alternate options for seeking protection of your brand(s). In these jurisdictions, it is important to consider at least advertising in local newspapers/media about your trade mark(s). These are known as “cautionary notices” and act as a notification in those jurisdictions of your rights to those brands.
Conclusion
If the Pacific Islands is a region of commercial interest to you, it is of vital importance to consider a detailed strategy of trade mark protection, including tailoring of which jurisdictions are of importance to your business and what level of protection can be obtained for your brand(s).
The trade marks team at MBIP will gladly help you devise a strategy for trade marks in the Pacific Islands and can provide advice on what is required in different regions when seeking trade mark registration. Our attorneys have developed a strong network of international associates so that we can provide the best possible service for our clients looking to protect their IP across the world. Please call MBIP on 07 3369 2226 or fill out the contact form on our website to be put in touch with a trade marks attorney.
