Trademarks

– Trademarks Act 2019 (No. 19), enacted on July 12, 2019, as amended on June 1, 2021.
– Trademarks (Forms and Fees) Regulations 2020, commenced on November 10, 2020, last amended on August 25, 2022.

Note: Nauru previously adopted the Trade Marks Act 1955-58 of Australia but has now enacted its own legislation, the Trademarks Act 2019. However, applications are received for future processing but no infrastructure for processing has been established and little or no correspondence is being sent from the Nauru Department of Justice. Alternatively, the trademark may be registered in Australia to be granted protection in Nauru.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since May 11, 2020.

Filing and Protection

Applicant: the owner of the mark; a person authorized by the owner of the mark; or an assignee of the trademark.

Multi-class applications: not possible.

Filing requirements:
1. Be in the prescribed form;
2. Include the name, description and address of the applicant;
3. Include a clear representation, drawing or design of the mark;
4. State the goods or services for which the trademark is associated with;
5. Include a declaration of use or intention to use the trademark;
6. Include such other information as may be prescribed;
7. Be declared and signed by the applicant; and
8. Provide evidence of payment of the prescribed fee.

Duration: ten years, subject to payment of annual maintenance fee. This fee was introduced on November 5, 2021.

Renewal: renewable for periods of ten years, on payment of renewal fees. The renewal dates are calculated from the date of the expiry of the trademark.

Assignment: should be recorded.

Marking: optional.