The short answer
Under the Fiji Trademarks Act 2021 a registration lasts 10 years from the deemed date of registration, which is the application date (or the earlier convention-country filing date). Renewal can be requested from 12 months before to 6 months after the expiry date, and a mark not genuinely used for 5 continuous years can be revoked.
Trademark deadlines in Fiji at a glance
These rules come from the Trademarks Act 2021 (Act No. 36 of 2021) in the English text on WIPO Lex. Time limits for opposition and many procedures are in the regulations, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the deemed date of registration, renewable for further periods of 10 years (Sections 52 and 53). |
| Which date does the term count from? | The deemed date of registration: the date of the application, or the date of the earlier application in a convention country where priority is claimed (the definitions and Section 52). |
| When can I renew? | Apply to the Commissioner not more than 12 months before and not more than 6 months after the expiry date, in the prescribed manner (Section 54). |
| Is there a grace period? | Yes. For 6 months after expiry the mark stays on the register with the status registered-past expiry date, and can still be renewed. If it is not renewed within 6 months, and a notice has been sent, it is removed from the register (Sections 54 and 55). |
| Opposition period | A person can give the Commissioner written notice of opposition to an accepted application within the prescribed time, stating the grounds. The time is set by regulation, so we confirm it. The Commissioner must not register the mark until 6 months after the date of application (Sections 42 and 45). |
| Reply to an office action | The Commissioner examines the application and tells the applicant of any problem. Decisions can be appealed under the Act (Section 138 and the examination provisions). |
| Priority claim | Priority applies if the application is made within 6 months of the first application in the convention country (Section 31). |
| Non-use | A registration can be revoked on the application of an aggrieved person if the mark was not put to genuine use in Fiji in the course of trade by the owner during a continuous period of 5 years or more, unless special circumstances outside the owner's control explain it. The owner bears the burden of showing use or special circumstances (Sections 61 and 62). |
| Assignment | The right to use a mark can be assigned or transmitted, and the assignment should be recorded (Section 77). |
Who can register a trademark in Fiji
A person who uses, or intends to use, a trademark can apply for its registration. Collective and certification marks follow separate rules in the Act.
Representation. We act as your representative before the Fiji Intellectual Property Office and give the address for service. We confirm any residence requirement before we file.
Trademark registration process in Fiji
Search
- Search the the Fiji Intellectual Property Office records for identical or similar marks in your classes.
File the application
- File with the the Fiji Intellectual Property Office, through your Fijian agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance, a person may oppose within the time set by regulation. The applicant files a counter-statement and the Commissioner decides (Sections 42 to 44).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Fiji Intellectual Property Office and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Fiji trademark validity and renewal
- A registration lasts 10 years from the deemed date of registration.
- Renew from 12 months before to 6 months after expiry.
- While past expiry, the status is registered-past expiry date.
- Use the mark to avoid revocation after 5 continuous years of non-use.
Diarise the renewal window from the deemed date of registration, not the date on the certificate.
Assignment, licence and changes to a Fijian trademark
Assignment
Recordable
Assign or transmit the right and record it (Section 77).
Licence
Authorised use
Use by a licensee counts as use by the owner under the Act.
Collective marks
Special rules
Collective marks have their own provisions.
Appeals
Commissioner decisions
Decisions of the Commissioner on assignments and other matters can be appealed (Section 138).
Non-use and cancellation of a Fijian trademark
An aggrieved person can apply to the Commissioner or the court to revoke a registration, including for 5 continuous years of non-use, after which the owner must show use or special circumstances (Sections 60 to 62).
Keep dated proof of use in Fiji: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Fiji
Search the Fiji Intellectual Property Office register, where the status shows whether a mark is registered, registered-past expiry date or removed.
Sources used
- Trademarks Act 2021 (Act No. 36 of 2021), Fiji, English text on WIPO Lex: Sections 2, 31, 42, 52 to 55, 60 to 62 and 77.
- The Fiji Intellectual Property Office for regulations, fees and forms.
Fiji trademark FAQ
How long does a trademark last in Fiji, and from when?
10 years from the deemed date of registration, renewable for further periods of 10 years (Sections 52 and 53). It counts from the deemed date of registration, the application date (Section 52).
When should I renew a Fijian trademark, and is there a grace period?
Apply to the Commissioner not more than 12 months before and not more than 6 months after the expiry date, in the prescribed manner (Section 54).
What is the opposition period in Fiji?
A person can give the Commissioner written notice of opposition to an accepted application within the prescribed time, stating the grounds. The time is set by regulation, so we confirm it. The Commissioner must not register the mark until 6 months after the date of application (Sections 42 and 45).
How much does it cost to register a trademark in Fiji?
The official fee is set by the the Fiji Intellectual Property Office and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Fiji?
Yes. A foreign company can apply for a trademark in Fiji, claiming convention priority within 6 months where it applies. We arrange the filing through a local agent.
Can I assign a Fijian trademark?
The right to use a mark can be assigned or transmitted, and the assignment should be recorded (Section 77).
Can a Fijian trademark be cancelled for non-use?
A registration can be revoked on the application of an aggrieved person if the mark was not put to genuine use in Fiji in the course of trade by the owner during a continuous period of 5 years or more, unless special circumstances outside the owner's control explain it. The owner bears the burden of showing use or special circumstances (Sections 61 and 62).
How can I check the status of a Fijian trademark?
Use the the Fiji Intellectual Property Office register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority applies if the application is made within 6 months of the first application in the convention country (Section 31).
How do I change the owner's name or address?
Record the change with the the Fiji Intellectual Property Office so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Fiji
SUPREMEiP® files trademarks worldwide through its network and checks every Fijian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
