The short answer
Under the Trademarks Act 2019 (Act No. 19 of 2019, as amended in 2021), a trademark is registered for 10 years, with a prescribed annual fee for maintaining it. A registered owner can apply to renew before or after expiry for another 10 years. Opposition must be filed within only 21 days of the gazettal of the application, and a mark can be removed after 3 continuous years of non-use.
Trademark deadlines in Nauru at a glance
These rules come from the Trademarks Act 2019 (Act No. 19 of 2019, amended 1 June 2021) of Nauru, in the English text on WIPO Lex. The Regulations set fees and forms, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for further periods of 10 years, with an annual maintenance fee (Sections 35 and 36). |
| Which date does the term count from? | The Act says a trademark is registered for a period of 10 years and does not specify a different start in Section 35. We confirm the start date shown on the certificate (Section 35). |
| When can I renew? | A registered owner may apply to the Registrar to renew the registration in the prescribed form with evidence of payment of the prescribed fee. The Registrar may renew it for 10 years from the date of expiry (Section 36). |
| Is there a grace period? | The Act allows an owner to apply to renew before or after the expiration of the registered trademark, without stating a fixed grace period (Section 36(1)). We confirm the limits with the Registrar. |
| Opposition period | A person may give a notice of opposition to the Registrar within 21 days of the gazettal of the application, in the prescribed form and with a precise statement of the reason. The applicant must respond within 21 days, or the application may be deemed abandoned (Section 11). |
| Reply to an office action | The Registrar acts within set periods, for example within 90 days of lodgement of the application. The applicant should respond promptly to each notice. |
| Priority claim | A right of priority from an earlier foreign application in a Paris Convention country is recognised. We confirm the filing steps when we file. |
| Non-use | The Registrar can remove a trademark on application if the owner had no intention to use it or had not used it when it was registered, or had not used it for a continuous period of 3 years for the registered goods or services (the removal provisions of Part 7). |
| Assignment | The Registrar may record changes of ownership, name, address or description, and can correct errors (Section 37). An owner can surrender the registration for some or all goods (Section 38). |
Who can register a trademark in Nauru
A person who wants to register a trademark applies to the Registrar. The Act also deals with prohibited marks, including representations of the President and Cabinet (Section 29).
Representation. We act as your contact before the Registrar. A legal practitioner may assist an owner, and we confirm any local representation rule before filing.
Trademark registration process in Nauru
Search
- Search the the Registrar of Trademarks of Nauru records for identical or similar marks in your classes.
File the application
- File with the the Registrar of Trademarks of Nauru, through your Nauruan contact.
- 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 gazettal, a notice of opposition must be filed within 21 days. The applicant must respond within 21 days (Section 11).
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 Registrar of Trademarks of Nauru 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.
Nauru trademark validity and renewal
- A registration lasts 10 years and carries an annual maintenance fee.
- Renewal is for 10 years from the date of expiry.
- Renewal can be requested before or after expiry.
- Use the mark to avoid removal after 3 continuous years.
Diarise both the annual fee dates and the 10-year expiry.
Assignment, licence and changes to a Nauruan trademark
Correction
Register
The Registrar can correct errors and enter changes of name or address (Section 37).
Surrender
Total or partial
The owner can surrender the registration for some or all goods (Section 38).
Alteration
On application
An owner can apply to alter the mark within limits (Section 39).
Removal
Non-use
Removal after 3 continuous years of non-use.
Non-use and cancellation of a Nauruan trademark
The Registrar can remove a mark from the register where the owner had no intention to use it, had not used it, or had not used it for a continuous period of 3 years. The Registrar gives notice to the registered owner before removal.
Keep dated proof of use in Nauru: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Nauru
Ask the Registrar for the register entry and watch the Gazette for the gazettal, registration and renewal dates.
Sources used
- Trademarks Act 2019 (Act No. 19 of 2019, amended 1 June 2021), Nauru, English text on WIPO Lex: Sections 10, 11, 29, 35 to 39 and the non-use removal provisions.
- The Registrar for the Regulations, fees and forms.
Nauru trademark FAQ
How long does a trademark last in Nauru, and from when?
10 years, renewable for further periods of 10 years, with an annual maintenance fee (Sections 35 and 36). The registration period is 10 years (Section 35).
When should I renew a Nauruan trademark, and is there a grace period?
A registered owner may apply to the Registrar to renew the registration in the prescribed form with evidence of payment of the prescribed fee. The Registrar may renew it for 10 years from the date of expiry (Section 36).
What is the opposition period in Nauru?
A person may give a notice of opposition to the Registrar within 21 days of the gazettal of the application, in the prescribed form and with a precise statement of the reason. The applicant must respond within 21 days, or the application may be deemed abandoned (Section 11).
How much does it cost to register a trademark in Nauru?
The official fee is set by the the Registrar of Trademarks of Nauru 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 Nauru?
Yes. A foreign company can apply for a trademark in Nauru. We arrange the filing and watch the very short deadlines.
Can I assign a Nauruan trademark?
The Registrar may record changes of ownership, name, address or description, and can correct errors (Section 37). An owner can surrender the registration for some or all goods (Section 38).
Can a Nauruan trademark be cancelled for non-use?
The Registrar can remove a trademark on application if the owner had no intention to use it or had not used it when it was registered, or had not used it for a continuous period of 3 years for the registered goods or services (the removal provisions of Part 7).
How can I check the status of a Nauruan trademark?
Use the the Registrar of Trademarks of Nauru register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
A right of priority from an earlier foreign application in a Paris Convention country is recognised. We confirm the filing steps when we file.
How do I change the owner's name or address?
Record the change with the the Registrar of Trademarks of Nauru so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Nauru
SUPREMEiP® files trademarks worldwide through its network and checks every Nauruan deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
