Trademarks Law in Nauru
Sure! Here’s an overview of trademark law in Nauru:
Trademark Law in Nauru
1. Legal Framework
Trademark protection in Nauru is governed by the Trade Marks Act 2011.
The Intellectual Property Office of Nauru (IPON) is responsible for trademark registration and enforcement.
Nauru is a member of the Paris Convention for the Protection of Industrial Property.
Nauru is not currently a member of the Madrid Protocol but has expressed interest in joining.
2. Definition of a Trademark
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others.
This includes words, logos, shapes, colors, sounds, or combinations thereof.
3. Registration Process
Applications are filed with the Intellectual Property Office of Nauru.
The process generally includes:
Formal examination for completeness.
Substantive examination for distinctiveness and conflicts.
Publication for opposition (usually 2 months).
Registration if no opposition or after successful defense.
4. Duration and Renewal
Registered trademarks are protected for 10 years from the date of filing.
Renewal is possible indefinitely in successive 10-year terms upon payment of renewal fees.
5. Rights Conferred
Exclusive right to use the trademark on registered goods/services.
Right to prevent unauthorized use or imitation.
Right to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use or imitation causing confusion.
Enforcement occurs through Nauruan courts.
Remedies include injunctions, damages, and seizure of infringing goods.
7. International Registration
Since Nauru is not a member of the Madrid Protocol, international trademark registration must be done by direct national filing.
Foreign applicants may need to appoint a local agent.
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