– Trademarks Act 1933.
– Trademarks Rules 1886.

Note: Fiji has passed a new Trademarks Act 2021. The new Act gives effect to the Paris Convention, Madrid Protocol, TRIPS Agreement and WTO Agreement and adopts the Nice Classification System of Goods and Services. The new Act will repeal the Trademarks Act 1933 and the Merchandise Marks Act 1933, including their subsidiary legislation. There will be no implications for existing registered owners when the new Act comes into effect. All trademarks registered under the Trademarks Act 1933 will remain valid until expiry or cancellation. At the time of writing this update, the commencement date of the new Act has not been announced and the accompanying Regulations have yet to be published.

– See under “Patents of Invention“.

Note: on September 3, 2020, the Parliament of Fiji approved entry into the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to the Madrid Agreement. We are not aware of when the formalities will be concluded and Fiji will become a member of the Madrid System.

Applicant: the first user of a trademark is entitled to registration. Also, the owner of a U.K. national trademark registration (and not an EU or International registration) may apply at any time during the existence thereof to have the trademark registered in Fiji.

Classification: 49 classes and 10 subclasses according to the old British Classification.

Service marks: not registrable.

Filing requirements for an application (to be sent to resident agent):
1. Authorization of agent, signed by the applicant (no need for notarization or legalization);
2. Full details of the applicant (including proper name, address and calling), and list of goods. For each class of goods a single application should be lodged;
3. An information sheet;
4. A description of the trademark and when practicable, a drawing or other representation; 12 original prints of the mark (max. size 3 x 3 inches or 7.5 x 7.5 cm, on foolscap paper);
5. A certified copy of the U.K. certificate issued by the U.K. Comptroller-General (if the application is to be based on a U.K. registration).

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures).

For registration of assignments:
1. Original or notarized copy of the assignment deed, assigning trademark, together with the goodwill of the business concerned in the goods;
2. Authorization of agent, signed by the assignee (no need for notarization or legalization);
3. If the trademark is based on a U.K. trademark, a certified copy of the U.K. certificate evidencing the assignment;
4. Original or certified copy of the certificate of registration to be endorsed with the assignment. If certificates cannot be located, agent can apply for certified copy certificates and this will take between two to six weeks to obtain.

For a change of name or address:
1. Authorization of agent, simply signed;
2. Original certified company extract showing the change;
3. For UK-based registrations only: a certified copy of the U.K. registration evidencing the recordal update in the United Kingdom.

Procedure: after examination and acceptance of an application, the Solicitor-General will require the applicant to advertise the application in the Fiji Government Gazette and in a newspaper.

Opposition: within three months from the first advertisement in the Fiji Government Gazette. If no opposition is entered and the Solicitor-General is satisfied that the applicant is entitled to registration, the trademark is registered.

Disclaimers: available.

Letters of consent: are accepted, can be simply signed.

Delivery of document: the certificate of registration is issued in paper format only.

Duration and renewal: (a) local trademarks: fourteen years from date of application; (b) registered U.K. trademarks: remaining term of U.K. trademark; renewable for like periods on application before expiration. Grace period: six months with fine.

Restoration: the Solicitor-General or the acting Solicitor-General has the power to restore a lapsed trademark registration.

Opposition: can be filed by any person within three months of the first advertisement in the Fiji Government Gazette.

Assignment: only together with the goodwill of the business; may be recorded.

Marking: optional.

Use: required after registration, unless non-use can be shown to be due to special circumstances in the trade and not to any intention not to use or to abandon trademark in such goods.