The short answer
Tuvalu does not run a stand-alone trademark examination system. Under the Registration of United Kingdom Trade Marks Act (Cap. 40.52) of Tuvalu, the registered proprietor of a trade mark in the United Kingdom can apply to have it registered in Tuvalu for some or all of the same goods. The rights in Tuvalu date from the UK registration and continue for as long as the UK registration stays in force, so the UK renewals keep the Tuvalu registration alive.
Trademark deadlines in Tuvalu at a glance
These rules come from the Registration of United Kingdom Trade Marks Act (Cap. 40.52) of Tuvalu, in the English text on WIPO Lex. The Act refers to the UK Trade Marks Act 1938 and its successors, so the UK registration is what counts. Tuvalu may have updated or added trade mark rules since this text, so we confirm the current position with the Registrar before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | There is no separate term. The rights continue for as long as the UK registration remains in force for the goods registered locally (Section 7). |
| Which date does the term count from? | The rights date from the date of registration in the United Kingdom. No action for infringement can be heard for use before the local certificate issued (Section 7). |
| When can I renew? | The local registration is kept alive by renewing the UK registration. Renewals of the UK registration are entered in the local Register (Section 15). |
| Is there a grace period? | There is no separate local grace period. The UK renewal rules apply, so we diarise the UK renewal date and the UK late-renewal period. |
| Opposition period | There is no opposition stage before registration. The Registrar enters the particulars and issues the certificate once the application and the UK certificate are lodged (Sections 4 and 5). A person whose interests are prejudiced by the certificate can apply to the Court (Section 9). |
| Reply to an office action | Because registration follows the UK entry, the Registrar does not examine the mark. The Court can declare that the rights were not acquired on the grounds that would cancel the UK registration (Section 9). |
| Priority claim | There is no separate priority claim: the rights date from the UK registration (Section 7). |
| Non-use | The Court can declare that exclusive rights have not been acquired on any ground on which the UK registration could be cancelled under UK law (Section 9). Non-use cancellation therefore follows the UK rules. |
| Assignment | On proof of title, an assignee is entered in the Register as the subsequent registered proprietor (Section 10). Registered users can be entered if they are registered users of the mark in the UK (Sections 11 and 12). |
Who can register a trademark in Tuvalu
The registered proprietor of a UK trade mark, or a person who derives title from the proprietor, can apply at any time while the UK registration exists (Section 3).
Representation. We handle the filing with the Registrar. The application is accompanied by a certified representation of the mark and a certificate of the UK Registrar giving full particulars of the UK registration (Section 4).
Trademark registration process in Tuvalu
Search
- Search the the Registrar in Tuvalu records for identical or similar marks in your classes.
File the application
- File with the the Registrar in Tuvalu, through your local 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.
- There is no examination or opposition stage: the Registrar enters the UK particulars and issues the certificate (Sections 4 and 5).
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 in Tuvalu 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.
Tuvalu trademark validity and renewal
- The local registration depends on the UK registration.
- Renew the UK registration to keep the local one in force.
- Local renewals are entered in the Register (Section 15).
- Infringement actions only cover use after the local certificate issues.
Diarise the UK renewal date, not a local date.
Assignment, licence and changes to a Tuvalu trademark
Assignment
Recorded
An assignee is entered as the subsequent registered proprietor (Section 10).
Registered users
UK-linked
Registered users in the UK can apply to be entered locally (Section 11).
Alteration
Register
The Register can be altered under Section 16.
Passing off
Saved
Passing-off actions are not affected (Section 8).
Non-use and cancellation of a Tuvalu trademark
The Court can declare that the rights were not acquired, on any ground that would allow cancellation of the UK registration (Section 9). If the UK registration lapses, the local rights end (Section 7).
Keep dated proof of use in Tuvalu: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Tuvalu
Ask the Registrar in Tuvalu for the Register entry and check the UK register for the status of the base registration.
Sources used
- Registration of United Kingdom Trade Marks Act (Cap. 40.52) of Tuvalu, English text on WIPO Lex: Sections 3 to 12, 15 and 16.
- The Registrar in Tuvalu and the UK Intellectual Property Office for the base registration.
Tuvalu trademark FAQ
How long does a trademark last in Tuvalu, and from when?
There is no separate term. The rights continue for as long as the UK registration remains in force for the goods registered locally (Section 7). The rights date from the UK registration date (Section 7).
When should I renew a Tuvalu trademark, and is there a grace period?
The local registration is kept alive by renewing the UK registration. Renewals of the UK registration are entered in the local Register (Section 15).
What is the opposition period in Tuvalu?
There is no opposition stage before registration. The Registrar enters the particulars and issues the certificate once the application and the UK certificate are lodged (Sections 4 and 5). A person whose interests are prejudiced by the certificate can apply to the Court (Section 9).
How much does it cost to register a trademark in Tuvalu?
The official fee is set by the the Registrar in Tuvalu 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 Tuvalu?
Yes, but you need a UK trade mark registration first. We file the UK application, obtain the UK certificate and then register the mark in Tuvalu.
Can I assign a Tuvalu trademark?
On proof of title, an assignee is entered in the Register as the subsequent registered proprietor (Section 10). Registered users can be entered if they are registered users of the mark in the UK (Sections 11 and 12).
Can a Tuvalu trademark be cancelled for non-use?
The Court can declare that exclusive rights have not been acquired on any ground on which the UK registration could be cancelled under UK law (Section 9). Non-use cancellation therefore follows the UK rules.
How can I check the status of a Tuvalu trademark?
Use the the Registrar in Tuvalu register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
There is no separate priority claim: the rights date from the UK registration (Section 7).
How do I change the owner's name or address?
Record the change with the the Registrar in Tuvalu so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Tuvalu
SUPREMEiP® files trademarks worldwide through its network and checks every Tuvalu deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
