Vanuatu has a New Trade Marks Act...or Does it?

11 August 2011
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A new Trade Marks Act came into force in Vanuatu on 8 February 2011. Previously, Vanuatu simply re-registered existing European country registrations such as a United Kingdom registration or more recently, it was possible to re-register a Community trade mark registration.

The new Act is closely based on the existing Australian Trade Marks Act and provides for national registrations in Vanuatu. Re-registration of European country registrations will no longer be permitted.

Vanuatu has adopted many of the same standards and procedures for examination, opposition and non-use proceedings. Applications will be examined to determine whether the trade mark is capable of distinguishing the applicant’s goods/services and for prior conflicting marks.

However, the Ministry of Trade rushed through the new Act without consulting the Registrar of Trade Marks. The new Act therefore lacks certain essential features including provision as the establishment of the Registrar of Trade Marks and a schedule of fees. As there are no application, registration or renewal fees at present, all new applications and renewals are presently on hold.

The government is working to resolve the situation and we will keep you updated. In the meantime, we are continuing to file renewal applications and paying the old fees upon instructions so as to avoid any trade marks lapsing which are of ongoing interest.

Tracey Berger
Principal
Spruson & Ferguson
E: Tracey.Berger@sprusons.com.au