Protect Trademark in Nauru

Nauru is conveniently located in the Pacific Ocean, close to important shipping lanes. This could attract investment in the logistics and shipping services industries. Nauru was once famous for its huge reserves of phosphate, which are used as fertilizer. However, this resource has been almost exhausted, affecting the country’s economy. Nauru has a large marine exclusive economic zone, which facilitates the development of the fishing and seafood processing industry. However, this industry has not been effectively exploited. Nauru has the potential to develop ecotourism with its unique natural landscape and rich cultural heritage. However, the tourism industry is limited due to undeveloped infrastructure and remote geographical location. To attract domestic and foreign investment, the Nauru government has issued a number of preferential policies to attract foreign investment, such as corporate income tax exemption and simplification of administrative procedures. However, many customers do not know how to protect their brands in this market, so Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Nauru through the article below.

Legal basis

• The Trademark Law of 2019 (Law No. 19 of 2019, amended by the Law on Written Laws of 2021);
• Trademark Forms and Fees Regulations 2020 (amended by the Trademark Forms and Fees (Amendment) Regulations 2022).

Types of trademarks that can be registered in Nauru

• Letter marks: These are trademarks that consist of words, letters, or numbers. Examples include brand names like “Apple” or slogans like “Just Do It.”
• Image marks: These are trademarks that include a logo, symbol, or design. Examples include the Nike comma or the Apple logo.
• Trademark combinations: These are trademarks that combine text marks and image marks. Examples include the Adidas logo with the word “Adidas” or the Lacoste crocodile logo with the company name.
• Collective marks: These are trademarks owned by an association that members use to denote products with a certain level of quality. The Act refers to collective marks as a specific category. An example could be a trademark used by a group of accountants to signify that their members meet certain standards.
• Certification marks: These are marks issued for compliance with defined standards but not limited to any member. The Act refers to certification marks as a specific type. An example could be an organic food certification mark.

Conditions for trademark registration in Nauru

Definition

• A sign: This sign can include words, logos, symbols, slogans, shapes, or combinations of these elements.
• Used in commerce: The sign must be used to identify and distinguish the goods or services of one business from another.
• Distinguishable: The sign must be unique enough to clearly distinguish the origin of the goods or services it represents.

General conditions:

• Uniqueness: The trademark must be unique enough to distinguish the applicant’s goods or services from those of other businesses in the same industry or beyond. It should not be generic or descriptive of goods/services.
• No terms of praise: A trademark must not contain pushy terms such as “best” or “highest quality.” This is generally considered a weak mark.
• No offensive content: Trademarks must not be offensive, immoral, or misleading. It must not violate public order or good morals.
• Check for similarity: A trademark must not be identical or confusing to a pre-registered trademark for similar goods/services. Applicants can mitigate this risk by performing a trademark search before filing an application.

Additional considerations:

• Government symbols: Trademarks may not include national flags, symbols, or symbols that suggest government endorsement.

Trademark registration documents in Nauru

To register a trademark in Nauru, the applicant needs to prepare a complete application including the following documents

Application Form: Trademark Registration Form (Form TM 1): The applicant may obtain this form from the Secretary of the Department of Justice and Border Control under the Copyright, Trademark and Patent Registration Procedure, Department of Justice and Border Control.

Trademark information:

• Trademark form: Submit a copy of the applicant’s logo or wording representing the trademark.
• Brand description: Provide a brief description of the trademark, which is especially useful for complex logos.

Information about the applicant:

• Name: The applicant’s company name or personal name (if there is no company name yet).
• Nationality: The nationality of the applicant.
• Address:
  • The actual business address of the enterprise or the personal residential address of the applicant.
  • Contact address (may be the address of the applicant or of the representative attorney, if applicable).

Additional Information:

• Classification of goods/services: Select the class of goods/services for which the applicant’s trademark will be used, based on the list provided (multiple classes can be selected for a form).
• Application fee: Pay the fee in accordance with current regulations
• Proof of payment: Retains proof of payment of application fee.
• Additional copies: Submit two additional copies of the completed form.
• A representation copy of the trademark (if applicable): If the trademark is a logo, additional copies of the logo should be submitted.

Trademark registration fees in Nauru

The fee for registering a trademark in Nauru depends on the number of classs of goods or services that the applicant wants his trademark to protect:

• First class: N$600 (about 72 USD based on current exchange rates)
• Each additional class: N$480 (about 57 USD based on current exchange rates)

How to file for trademark registration in Nauru

To file for trademark protection in Nauru, you can file using the following filing methods:

• Direct filing: You can go directly to the Secretary of the Ministry of Justice and Border Control under the Copyright, Trademark and Patent Registration Procedure, Ministry of Justice and Border Control at Nauru Post Office Aiwo District Republic of Nauru to file the application and related documents.
• Mail: You can send your application and all required documents via postal service or courier service to the address of the Secretary of the Ministry of Justice and Border Control under the Copyright, Trademark and Patent Registration Procedure, Ministry of Justice and Border Control address Nauru Post Office Aiwo District Republic of Nauru.

If you need to file a trademark application, please contact Viet An Law Firm for the most effective support.