The Republic of Vanuatu, abbreviated as Vanuatu, is located in the western South Pacific and belongs to Oceania, consisting of 83 islands. The current trademark regulations are mainly based on the Trademark Law promulgated in 2011. The Intellectual Property Department of the Ministry of Trade, Tourism and Industry of Vanuatu is responsible for managing trademark affairs, and the official languages are English, French and Bislamape. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The independent country of Vanuatu adopts the principle of "application first" for trademark registration. Vanuatu is a contracting party to international intellectual property treaties such as the WIPO Convention and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, Vanuatu trademark applications adopt the Nice Classification 11th edition for the description of goods and services, accepting applications for multiple categories in one form. The elements that can be registered as a trademark in Vanuatu include: text, name, graphics, slogan, color combination, odor, sound, hologram, dynamic image, etc. If the applicant does not reside in Vanuatu, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are: 1. Trademark design; 2. Specific categories and product/service items; 3. Name and address of the applicant; 4. Power of attorney; 5.If priority is declared, proof of priority must be provided. The main process for applying for registration of a trademark in Vanuatu is: application, acceptance, examination, announcement, approval, and issuance of a certificate. The application will be accepted 3-4 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The objection period is 28 days from the date of the announcement, and any interested party or prior right holder may raise objections. The main reasons for raising objections are: 1. Conflict with prior trademarks, such as owning a prior registered trademark; 2. The trademark lacks distinctiveness; 3. The trademark has adverse effects; 4. Malicious registration; 5. Prior to conflicts of other rights, such as trade name rights, design rights, copyrights, personal names, etc. If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Vanuatu takes 1-2 years; If there are any objections or rejections during the process, the time will be extended to 3-4 years.
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