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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 18 months, if no objections or oppositions arise.
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If I register my trademark in Fiji, do I have protection in other territories?
The territorial limit of registration is Fiji.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is required.
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Are there any benefits from a pre-filing use of the trademark?
- Pre-filing use may demonstrate acquired distinctiveness of the mark
- Pre-filing use may help overcome an objection on the ground of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Fiji?
- words
- names
- devices
- slogans
- trade dress/get-up
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What are the phases of application after a trademark has been filed in Fiji?
The order of the application process is examination, publication, and registration.
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What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions or international organizations
- non-distinctive trademarks
- surnames;
- geographic location names
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Does Fiji use the "Nice Classification" system?
The Nice Classification System is not effective in Fiji. This jurisdiction has its own classification system. The Fijian Registry works under an old British classification system.
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Does the Community Trademark apply for Fiji?
Fiji is not a member of the European Union; hence, the Community Trademark is not effective in this jurisdiction.
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Is there any possibility to claim priority in Fiji?
Priority application is not applicable.
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What do I need to do to satisfy the use requirement?
A trademark must be used within five years preceding the filing date of the action.
The amount of use can be minimal, but it must be bona fide use and must occur in this jurisdiction.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 14 years for other countries and 10 years if UK-based.
The term is calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is:
- 14 years from the application filing date
- 10 years from the application filing date if the registration of the mark in Fiji is based on a UK registration
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Is it legal to use my trademark even if it is not yet registered?
Use of an unregistered mark for any goods or services is legal.