There is some confusion over which law governs trade mark registrations in Fiji. This bulletin clarifies the current legal framework.
At the date of this bulletin, the Trade-Marks Act 1933 remains the governing law for trade mark registrations in Fiji. Although Parliament passed the Trade Marks Act 2021 in August 2021, that Act has not yet commenced. Its official start date has not been gazetted (published in the Government Gazette which would bring the law into force), and it is not known when it may be gazetted. Furthermore, it is not known if the necessary regulations have been drafted. Until such time as the 2021 Act commencement date is gazetted, the 1933 Act remains in force.
In this bulletin we set out some FAQs relating to the current legal framework in Fiji:
Frequently Asked Questions
No. The Trade Marks Act 1933 remains the regulating law for trade mark registrations in Fiji.
No. Under the 1933 Act, priority filings are not acceptable.
No. Under the 1933 Act, the classification under the repealed Trade and Merchandise Marks Ordinance 1886 remains the classification of goods for registrations in Fiji.
No. Under the Trade and Merchandise Marks Ordinance 1886 classification, service marks are not registrable.
No. While re-registrations of UK trade mark registrations are "of right" in Fiji, an applicant is still required to reclassify those marks in accordance with the 1886 Ordinance classification of goods. Registration is limited strictly to goods and excludes services.
While re-registrations of UK trademarks are "of right" in Fiji under the current application of the Trade-Marks Act 1933, the current process by the Registrar remains strictly limited to goods. Consequently, the prohibition of service mark registrations under Part II of the Act presents a practical contradiction; the statute mandates that the Registrar in Fiji accept any application based on an existing UK registration, yet the system does not yet accommodate the modern British laws that fully recognize services.
About our PIIPS Team
The Pacific Islands Intellectual Property Services (PIIPS) team at Siwatibau and Sloan is managed by Partners Aminiasi Vulaono and Artika Prasad. Our team regularly undertakes specialized intellectual property instructions across all Pacific Island Countries and the broader Asia Pacific region, providing expert local navigation of complex IP frameworks.
For further queries, you may contact our office directly or visit us at www.sas.com.fj.
Disclaimer: This bulletin is for informational purposes only and is not, and should not be relied upon, as legal advice.