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)
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.
TRADEMARK APPLICATION PROCESS
Application of a trademark must be completed using the official Trademark Application Form (attached). The Form must be filled correctly using the Nice Classification System (NSC) to provide description of the relevant Class applied to the trademark to be registered. Furthermore, it is a requirement that international applications must have a local (law firm) agent in Vanuatu.
Two examination processes are applied upon receipt of the application. Note that the date of filing will be the registration date. Should the application satisfy the requirements of the examinations, it will proceed to be published in the Official Gazette within 28 days after the application is filed. You will be notified of this publication stage. If there is no opposition made on the application after 28 days, the application will be officially registered as a trademark. A certificate will be sent to the local agent. Protection of a trademark is 10 years in which it may be renewed upon the request of the applicant.
Fees:
The overall fee is USD 250.00 or Vt25, 000 per trademark covering one class. If the trademark is to be used in more than one class (beit goods or services or both), the additional classes will cost USD 50.00 or Vt5000 per class (attached is the classification or more appropriate to use the online NCS on http://web2.wipo.int.). Fees in Cheques can be accepted nationally and/or can be made directly to the Vanuatu government USD account (details attached).
Requirements:
- Cover letter
- Complete application (S 16 App. Form)
- Sample of trademark
- Power of Attorney
- Receipt of payment (confirmation of payment made to the account)
TRADEMARK SERVICES, PROCESSES, DURATION, REQUIRED DOCUMENTS, DOCUMENT ISSUED AND FEES
TYPES OF SERVICES
|
PROCESSES |
DURATION (WORKING DAYS) |
REQUIRED DOCUMENTS
|
DOCUMENT ISSUED
|
FEES ( VATU or USD) |
|
New Registration |
Receive/filed |
2 days |
*Application form (section 16) *Cover letter *Power Of Attorney *Payment receipt |
-Registration certificate (10 years protection) -Registration details |
15,000 VT or 150.00 USD for Filing Fee 35,000 VT or 350.00USD for Registration Fee (excluding additional classes) |
|
Formality examination |
1 week |
||||
|
Substantive examination |
1 week |
||||
|
Publication |
1 week |
||||
|
Opposition time |
28 days |
||||
|
New registration with Priority convention date |
Receive/filed |
2 days |
*Application form (section 17) *copy of application from convention country *Cover letter *Power Of Attorney *Payment receipt
|
-Registration certificate (10 years protection) -Registration details |
25,000 VT or 250.00 USD
10,000 VT or 100.00 USD |
|
Formality examination |
1 week |
||||
|
Substantive examination |
1 week |
||||
|
Publication |
1 week |
||||
|
Opposition time |
28 days |
||||
|
New registration of collective trademark |
Receive/filed |
2 days |
*Application form (section 87) *Cover letter *Power Of Attorney *Payment receipt |
-Registration certificate (10 years protection) -Registration details |
25,000 VT or 250.00 USD
|
|
Formality examination |
1 week |
||||
|
Substantive examination |
1 week |
||||
|
Publication |
1 week |
||||
|
Opposition time |
28 days |
||||
|
Renewal |
Receive/filed |
2 days |
*Renewal application form (section 48) *Cover Letter *Payment receipt |
Renewal certificate (10 years protection) |
25,000 VT or 250.00 USD |
|
Renewal recorded |
1 day |
||||
|
Assignment |
Receive/filed |
2 days |
*Application form (section 67) *Cover letter *Payment receipt *Power of Attorney |
Notification of assignment |
10,000 VT or 100.00 USD |
|
Assignment recorded |
1 day |
||||
|
Publication |
1 week |
||||
|
Change of name |
Receive/filed |
2 days |
*Application form (section 103) *cover letter *Payment receipt |
Notification for change of name |
5000 VT or 50.00 USD |
|
Changes recorded |
2 days |
||||
|
Change of address |
Receive/filed |
2 days |
*Application form (section 102) *cover letter *Payment receipt |
Notification for change of address |
5000 VT or 50.00 USD |
|
Changes recorded |
2 days |
||||
|
Notice of opposition |
Receive/filed |
2 days |
*Application form (section 30) *Cover letter *Payment receipt
|
Registrars decision or Court decision |
30,000 VT or 300.00 USD |
|
Application processed |
1 month |
||||
|
Application of amendment before publication
|
Receive/filed |
2 days |
*Application form (section 38) *Cover letter *Payment receipt |
Confirmation letter |
5,000 VT or 50.00 USD |
|
Changes updated |
1 week |
||||
|
Application of amendment after publication
|
Receive/filed |
2 days |
*Application form (section 40) *Cover letter *Payment receipt |
Confirmation letter |
10,000 VT or 100.00 USD |
|
Changes updated |
1 week |
||||
|
Application for other amendments |
Receive/filed |
2 days |
*Application form (section 41) *Cover letter *Payment receipt |
Confirmation letter |
5,000 VT or 50.00 USD |
|
Changes updated |
1 week |
||||
|
Inspection/ Search |
Receive/filed |
2 days |
*Application form (section 97) *Cover letter *Payment receipt |
Search result |
2,500 VT or 25.00 USD |
|
Inspected |
3 days |
||||
|
Certified Copy |
Receive/filed |
2 days |
*Application form (section 98) *Cover letter *Payment receipt |
Certified copy issued |
2,500 VT or 25.00 USD |
|
Processed |
3 days |
||||
|
Claims of interest on registered trademark |
Receive/filed |
2 days |
*Application form (section 70) *Power of Attorney *Cover letter *Payment receipt |
Registrars decision |
10,000 VT or 100.00 USD |
|
Processed |
1 month |
||||
|
Claims of interest on unregistered trademark |
Receive/filed |
2 days |
*Application form (section 72) *Power of Attorney *Cover letter *Payment receipt |
Registrars decision |
5000 VT or 50.00 USD |
|
Processed |
1 month |
||||
|
Cancelation of registration |
Receive/filed |
2 days |
*Application form (section 53) *Power of Attorney *Cover letter *Payment receipt |
Registrars decision |
10,000 VT or 100.00 USD |
|
Processed |
2 weeks |
||||
|
Removal of trademark |
Receive/filed |
2 days |
*Application form (section 59) *Cover letter *Payment receipt |
Confirmation letter |
25,000 VT or 250.00 USD |
|
Processed |
1 week |