Trademark registration in Solomon Islands

The Solomon Islands, with their unspoiled natural beauty, unique culture, and great tourism potential, offer many opportunities for brands to grow. In the field of ecotourism, with pristine nature including white sand beaches, diverse coral reefs, primeval rainforests, etc. are valuable assets that attract tourists who love to explore and protect the environment and indigenous culture with traditional ceremonies, festivals, fishing villages, handicrafts, etc. creating a unique and attractive feature for visitors. In addition, fair trade with handicraft products imbued with local identity is also a potential direction. The food and beverage industry can also take advantage of fresh ingredients and traditional cuisine to create signature products. Most importantly, brands need to put sustainability first, respect the environment, culture and local communities to build a positive and long-term brand image. Businesses and individuals can take advantage of these advantages to build a positive image, create added value for themselves and contribute to the development of the Solomon Islands. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in the Solomon Islands through the article below.

Legal Basis

• UK Trademark Registration Act (Chapter 180)

Guide to Trademark Registration in Solomon Islands

To register a trademark in the Solomon Islands, the applicant must first register it in the United Kingdom. The mandatory registration of a trademark in the UK before registration in the Solomon Islands is a special provision of the intellectual property legal system in this country due to the following reasons:

• Colonial history: The Solomon Islands were once a British colony. Therefore, their legal system, including intellectual property law, is deeply influenced by the British legal system.
• Special ties: Even after independence, the Solomon Islands maintained many special ties with Britain, including in the commercial and legal spheres.
• Simplified procedures: Requesting pre-registration in the UK can help simplify the examination and approval process in the Solomon Islands, as the information about the trademark has been verified and evaluated beforehand.
• Protection of consumer rights: By requesting registration in the UK first, the Solomon Islands intellectual property office can ensure that trademarks registered here are legal and not confusing to consumers.

Definition of Trademark in Solomon Islands

A trademark in the Solomon Islands is a special sign or symbol used to distinguish one trader’s goods or services from other traders.

Conditions for registering a trademark in Solomon Islands

To register a trademark in the Solomon Islands, the trademark needs to meet the following conditions:

Key Condition: The trademark has been registered in the UK – This is a mandatory and different requirement compared to most other countries.

Trademark conditions:

• Uniqueness: The trademark must be distinctive, dissimilar, or similar to previously registered trademarks.
• Expressiveness: The trademark must be able to be represented by images, words, or a combination of both.
• No violation of law: Trademarks must not violate the law, public ethics, or public order.

Trademark Registration Dossier in Solomon Islands

• Trademark Registration Certificate in the United Kingdom: This is a mandatory requirement and the basis for the applicant to proceed with the trademark registration in the Solomon Islands. The certificate must be translated into English and legally notarized in accordance with Solomon Islands regulations.
• Trademark registration form: The applicant needs to fill in all the required information in the application form, including:
  • Registrant’s name and address
  • Detailed description of the trademark (images, words,…)
  • The category of goods or services in which the trademark is used
  • The country where the trademark was previously registered (in this case, the United Kingdom)
• Trademark drawings or images: The applicant needs to provide clear, good quality drawings or images of the trademark and this drawing or image must fully represent the characteristic elements of the trademark.
• Fee Slip: The applicant needs to pay in full the fees prescribed by the intellectual property office in the Solomon Islands.
• Other papers (if any):
  • Notarized translation of relevant documents: If there are any other documents needed, the applicant needs to translate into English and notarize legally.
  • Authorization (if any): If the applicant authorizes an intellectual property agent to carry out the registration procedure, the applicant needs to provide a power of attorney.

How to file a trademark registration dossier in Solomon Islands

To file a trademark protection application in the Solomon Islands, you can file using the following filing methods:

• Direct Submission: Customers can go directly to the Office of the Secretary General of the Ministry of Justice and Legal Affairs at P. O. Box G15 Honiara Solomon Islands to submit the application and related documents.
• By Post: You can send the application form and all necessary documents through the postal service or courier service to the Office of the Secretary General of the Ministry of Justice and Legal Affairs at P. O. Box G15 Honiara Solomon Islands.

Trademark Application Processing Process in Solomon Islands

After submitting a complete trademark registration dossier to the Office of the Secretary General, Ministry of Justice and Legal, the applicant’s application will go through a detailed review process as follows:

Check the preliminary dossier

• Receiving and sorting: The applicant’s application will be received and sorted for inclusion in the proper review process.
• Completeness Check: The staff will check whether the dossier has all the required documents, registration fees, and other necessary information.
• Formal inspection: The application will be formally examined, including presentation, writing, and other technical requirements.

Formal review

• Uniqueness check: The authority will conduct a search in the trademark database to ensure the applicant’s trademark is not identical or similar to any previously registered trademark.
• Expressability Test: The trademark must be able to distinguish the applicant’s goods or services from the goods or services of others.
• Legality Check: The trademark must not violate any of the laws of the Solomon Islands, including intellectual property laws and other relevant laws.

Notice of Decision

• Approval Notice: If the applicant’s profile meets all the requirements, the applicant will receive an application approval notice.
• Rejection Notice: If the applicant’s application does not meet the requirements, the applicant will receive a rejection notice with a specific reason. In this case, the applicant may appeal this decision within the prescribed time limit.

Issuance of certificates

• Publication of Notice: After the approval decision is made, the information about the trademark of the applicant will be published in the gazette or other mass media.
• Issuance of Certificate: If there is no objection from a third party within the stipulated time, the competent authority will issue the trademark registration certificate to the applicant.

Trademark registration services in Solomon Islands by Viet An Law Firm

• Perform the search and notify the customer in writing of the result of the trademark search in the Solomon Islands;
• Drafting dossiers and directly filing and monitoring the status of trademark applications in the Solomon Islands on behalf of trademark owners;
• Notifying, advising and handling shortcomings/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Solomon Islands;
• Assist in monitoring and representing the settlement of objections and feedback to the intellectual property representative carrying out procedures in the Solomon Islands.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to file a trademark registration application in the Solomon Islands, please contact Viet An Law for the most effective support