Trademarks
General Remarks
Trademarks registered prior to January 1, 1976, are considered Kiribati (Gilbert Islands) registrations; they are valid in both Kiribati and Tuvalu until due for renewal, at which time separate applications for registration of U.K. trademarks must thenceforth be filed in each country. At present, the law is substantially the same as prior to independence.
Legal Basis
– Registration of United Kingdom Trademarks Ordinance, 1978.
– Trademark Act 2019.
Note: the Trademark Act 2019 has not yet been fully implemented. During the transition period, the Registration of United Kingdom Trademarks Ordinance, 1978 will continue to apply until the Trademark Act 2019 is fully implemented.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 19, 2013.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since February 5, 2022.
Filing
Applicant: only the owner of a United Kingdom registration. A European Union Trademark registration, Madrid Protocol U.K. registration or Madrid Protocol EUTM registration cannot be used as a basis for obtaining registration in Kiribati. (Under the new Act: any legal person, firm or company, who is the proprietor of the trademark, may apply.)
Filing requirements:
1. Authorization of agent, simply signed;
2. Certified copy of the basic registration in the U.K.;
3. Certificate of the U.K. Registrar;
4. 5 prints of the mark.
(Under the new Act):
1. Authorization of agent, simply signed;
2. 5 prints of the mark.
Protection
Duration: expires with the U.K. registration. (Under the new Act: ten years from registration date.)
Renewal: on renewal of the U.K. registration; otherwise the Kiribati registration will be cancelled. (Under the new Act: renewal dates are calculated from the registration date. Renewal applications must be received within six months prior to the due date.)
Assignment: should be recorded.
Marking: optional.