A TRADEMARK  is a sign or word used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services dealt with or provided in the course of trade by another person. (Trademark Act)

Why Register a Trademark?

Registering your trademark helps you:
  • Secure exclusive ownership of your brand in Vanuatu
  • Take legal action against infringement or counterfeiting
  • Build consumer trust and brand recognition
  • Prevent confusingly similar imports
  • Create a foundation for international protection
A registered trademark is a valuable business asset that strengthens your market position.

Trademark Protection Period

  • Trademark registration is valid for 10 years from the filing date
  • Protection can be renewed indefinitely for further 10‑year periods

Brand vs Trademark

  • Brand: A marketing concept that reflects customer experience and perception
  • Trademark: The legal identity of your brand that grants enforceable rights
Both are important, but only a trademark provides legal protection.

Choosing a Strong Trademark

Selecting a distinctive trademark increases your chances of approval and strengthens protection.

Categories of Trademark Distinctiveness

  • Generic Marks – Common product names (❌ not protectable)
  • Descriptive Marks – Describe qualities or characteristics (⚠️ need secondary meaning)
  • Suggestive Marks – Hint at product features (✅ generally protectable)
  • Arbitrary Marks – Common words used unrelatedly (✅ strong protection)
  • Fanciful Marks – Completely invented terms (✅✅ strongest protection)
Tip: Fanciful and arbitrary marks are highly recommended for the strongest legal protection.

Trademark Registration Process

  1. Choose your trademark (word mark, logo, or combined)
  2. Conduct a search to avoid conflicts with existing trademarks
  3. Submit an application using the official trademark form
  4. Classification of goods/services using the Nice Classification System
  5. Examination by VanIPO (formal and substantive)
  6. Publication in the Official Gazette
  7. Registration and issuance of certificate (if no opposition)
The filing date becomes your official registration date.

Requirements & Important Notes

  • Applications must be completed accurately and clearly
  • International applicants must appoint a local agent in Vanuatu
  • Proper class selection is essential for protection scope

Fees

  • USD 250 / Vt 25,000 – One class
  • USD 50 / Vt 5,000 – Each additional class
Payments can be made via cheque or directly to the Vanuatu Government account.

HOW TO CREATE A DISTINCTIVE AND REGISTRABLE TRADEMARK!

Choose a mark (figurative or word) that is distinctive for your product. You can do it by yourself or consult the trademark section at VanIPO for assistance.

5 Categories of Distinctiveness

Generic Mark Descriptive Mark Suggestive Mark Arbitrary Mark Fanciful Mark
A common term that fails to distinguish one product source from another. Words that reflect the nature, quality, or contents of a product. A word or phrase that hints at a product attribute. A common word used in an unrelated context. Wholly invented sign, symbol, word, or phrase.
Water, elevator, aspirin, beer
Not protectable Protectable only with Secondary meaning Generally protectable Almost always protectable Most Protectable
  • Do not choose a term that is considered generic as your trademark. For example, Coconut Virgin Oil or Manaro Virgin Oil. Generic terms are not protectable.
  • You may choose a descriptive mark. But the rule is that descriptive marks, geographic terms, and personal names must have an established secondary meaning in consumers' minds in order for approval to be granted.
  • You can have suggestive and arbitrary marks. They are considered inherently distinctive with their eligibility being determined by whoever is first to register or first to use.
  • We recommend people to come up with fanciful marks. A fanciful mark is the strongest protectable marks.
 

CONVENTION COUNTRIES

Trademark Convention Countries (PDF) 

Patents Convention Countries (PDF)

Designs Convention Countries (PDF)

 

USEFUL LINKS

Vanuatu Government
Customs and Revenue
Vanuatu Investment Promotion Authority
Vanuatu Financial Services Commission
Department of Industry
Department of Tourism
Department of Environment Protection & Conservation
World Intellectual Property Office (WIPO)
Patsnap Academy

VANUATU IP ACT

Vanuatu Intellectual Property Office Act 2025

Trademark Act 2003

Patent Act 2003

Designs Act 2003

Copyright Act 2000

Trade Secrets Act 2000

Geographical Indication(Wine) Act 2006

Circuit Layout Act 2000

⚠️ Beware of fake websites pretending to be official. Always check the domain carefully as official Vanuatu Government sites end with .gov.vu.