Trademarks in Vanuatu

Competent Authority & System

• Official Authority: Vanuatu Intellectual Property Office (VanIPO), a unit of the Ministry of Trade and Commerce. It was established in January 2012 and keeps the register of trademarks, designs, patents and copyright. It is based in Port Vila.
• Legislation: Trademarks Act No. 1 of 2003.

Applicant & Representation Requirements

• Foreign applicants: international applicants need a local agent, which VanIPO describes as a local law firm in Vanuatu.
• Documents: a cover letter, the completed application form, a sample of the trademark, a power of attorney and the receipt for payment.

Online Services & Database

• Forms: VanIPO publishes its trademark forms on its website, in PDF and Word. They cover new applications, renewals, oppositions, assignments, collective marks, cancellation, and changes of name and address.

Registrable Mark Types

• Distinctiveness: VanIPO recommends fanciful marks as the strongest candidates. Generic marks cannot be protected, and descriptive marks need secondary meaning.
• Goods and services: a trademark may be registered for goods, services, or both.

Examination Process

• Examination: the office carries out two examinations, formal and substantive. VanIPO gives about two weeks for them.

Publication & Opposition

• Publication: an application is published in the Official Gazette within 28 days after it is filed.
• Opposition period: 28 days from the publication. If no one opposes, registration goes ahead.

Official Fees

• Additional classes: VUV 5,000 (USD 50) for each additional class.
• Renewal: VUV 25,000 (USD 250).
• The fees for a new registration are shown differently on different VanIPO pages. We confirm the current figure when we quote.

Duration & Renewal

• Validity period: a registration gives 10 years of protection.
• Renewal: a mark can be renewed at the request of its owner.

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.