The short answer
Under the Trademarks Act No. 1 of 2003, a registration expires 10 years after the filing date. Renewal can still be requested within 3 months after expiry. Opposition must be filed within only 28 days after the application details are published in the Gazette. A mark unused for 3 years can be removed, and an address for service in Vanuatu is required.
Trademark deadlines in Vanuatu at a glance
These rules come from the Trademarks Act No. 1 of 2003 (Vanuatu), in the English text on WIPO Lex. Fees and forms are set separately, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years after the filing date, renewable for 10 years (Sections 46, 49 and 51). |
| Which date does the term count from? | The filing date of the application, unless the mark is cancelled or removed earlier (Section 46(3)). |
| When can I renew? | The owner files a request for renewal on the approved form before the registration expires, and the Registrar renews it for 10 years (Sections 48 and 49). |
| Is there a grace period? | Yes. If a request is made within 3 months after the registration expired, the Registrar must renew it for 10 years from the day it expired. If it is not renewed, the Registrar removes the mark from the Register 12 months after the expiry (Sections 50 and 51). |
| Opposition period | If the Registrar has accepted an application, a person may oppose by filing a notice of opposition in the approved form within 28 days after details of the application are published in the Gazette, serving a copy on the applicant. Grounds are limited to those in sections 33 to 37 (Section 30). |
| Reply to an office action | The Registrar must give the opponent and the applicant an opportunity to be heard on the opposition. |
| Priority claim | A person can claim a right of priority if the application is filed within 6 months after the first Convention-country application. The priority document must be given to the Registrar within 28 days after the application is filed. |
| Non-use | A non-use application can be filed on the ground that the mark was not used in Vanuatu for the goods or services on the day the application was filed, or that the mark has remained registered for a continuous 3 years ending one month before the application without any use by the owner in Vanuatu (Part 8). |
| Assignment | A trademark can be assigned or transmitted. An assignment of a registered trademark is recorded in the Register, and an application can be made to record it (Sections 66 to 68). |
Who can register a trademark in Vanuatu
A person who uses or intends to use a trademark can apply to the Registrar. The Act also deals with collective and certification marks and with defensive registration.
Representation. An address for service must be an address in Vanuatu (Section 102). We provide it and act as your agent.
Trademark registration process in Vanuatu
Search
- Search the the Vanuatu Intellectual Property Office (the Registrar of Trademarks) records for identical or similar marks in your classes.
File the application
- File with the the Vanuatu Intellectual Property Office (the Registrar of Trademarks), through a Vanuatu address for service.
- 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 notice of opposition must be filed within 28 days of Gazette publication, with a copy served on the applicant (Section 30).
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 Vanuatu Intellectual Property Office (the Registrar of Trademarks) 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.
Vanuatu trademark validity and renewal
- A registration expires 10 years after the filing date.
- Renew on the approved form before expiry.
- A renewal request is still accepted for 3 months after expiry.
- Unrenewed marks are removed from the Register after 12 months.
Diarise the 10-year anniversary of the filing date and renew before it.
Assignment, licence and changes to a Vanuatu trademark
Assignment
Record it
Assignments and transmissions are recorded in the Register (Sections 66 to 68).
Correction
Register errors
The Registrar can correct errors in the Register (Section 52).
Cancellation
On request
The Registrar cancels a registration on the registered owner's written request (Section 53).
Address for service
In Vanuatu
The address for service must be in Vanuatu (Section 102).
Non-use and cancellation of a Vanuatu trademark
The Registrar cancels a registration when the registered owner asks in writing (Section 53), and a mark can be removed on a non-use application based on three years of non-use (Part 8). The Court can rectify the Register on an aggrieved person's application (Section 52).
Keep dated proof of use in Vanuatu: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Vanuatu
Search the Register of Trademarks and the Gazette for the filing, publication, registration and renewal dates.
Sources used
- Trademarks Act No. 1 of 2003, Vanuatu, English text on WIPO Lex: Sections 30, 46 to 53, 66 to 68, 102 and Part 8.
- The Vanuatu Intellectual Property Office for fees, forms and the current procedure.
Vanuatu trademark FAQ
How long does a trademark last in Vanuatu, and from when?
10 years after the filing date, renewable for 10 years (Sections 46, 49 and 51). It counts from the filing date (Section 46).
When should I renew a Vanuatu trademark, and is there a grace period?
The owner files a request for renewal on the approved form before the registration expires, and the Registrar renews it for 10 years (Sections 48 and 49).
What is the opposition period in Vanuatu?
If the Registrar has accepted an application, a person may oppose by filing a notice of opposition in the approved form within 28 days after details of the application are published in the Gazette, serving a copy on the applicant. Grounds are limited to those in sections 33 to 37 (Section 30).
How much does it cost to register a trademark in Vanuatu?
The official fee is set by the the Vanuatu Intellectual Property Office (the Registrar of Trademarks) 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 Vanuatu?
Yes. A foreign company can register a trademark in Vanuatu but must give an address for service in Vanuatu (Section 102). We arrange this.
Can I assign a Vanuatu trademark?
A trademark can be assigned or transmitted. An assignment of a registered trademark is recorded in the Register, and an application can be made to record it (Sections 66 to 68).
Can a Vanuatu trademark be cancelled for non-use?
A non-use application can be filed on the ground that the mark was not used in Vanuatu for the goods or services on the day the application was filed, or that the mark has remained registered for a continuous 3 years ending one month before the application without any use by the owner in Vanuatu (Part 8).
How can I check the status of a Vanuatu trademark?
Use the the Vanuatu Intellectual Property Office (the Registrar of Trademarks) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
A person can claim a right of priority if the application is filed within 6 months after the first Convention-country application. The priority document must be given to the Registrar within 28 days after the application is filed.
How do I change the owner's name or address?
Record the change with the the Vanuatu Intellectual Property Office (the Registrar of Trademarks) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Vanuatu
SUPREMEiP® files trademarks worldwide through its network and checks every Vanuatu deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
