Trademarks Law in Palau
Trademarks Law in Palau
1. Overview
Trademarks in Palau are governed under the Palau Trademarks Act and related regulations. A trademark is a distinctive sign, symbol, logo, word, or combination used to identify and distinguish goods or services of one person or business from those of others.
Trademark law in Palau protects:
Business identity
Consumer interests by preventing confusion
Commercial goodwill
2. Definition of a Trademark
A trademark under Palau law is any sign capable of distinguishing the goods or services of one person from those of others. This includes:
Words or names
Logos or symbols
Letters or numerals
Shapes, designs, or combination of elements
Sounds or colors (if they uniquely identify a product or service)
3. Eligibility and Registrability
To register a trademark in Palau:
The mark must be distinctive and not generic.
It must not mislead the public about the nature, quality, or origin of the goods or services.
It must not conflict with existing registered trademarks.
Certain marks are not registrable:
Marks that are identical or confusingly similar to earlier marks.
Marks that are immoral, deceptive, or scandalous.
Marks that consist only of generic terms describing goods or services.
4. Registration Process
Application:
File an application with the Palau Trademark Office, including:
Name and address of the applicant
Representation of the mark
List of goods or services covered
Payment of filing fee
Examination:
The office examines for distinctiveness, descriptiveness, and conflict with existing marks.
Publication:
Accepted marks are published in the official gazette for public notice, allowing third parties to oppose registration.
Opposition Period:
Anyone can file an opposition within a set period, usually 30–60 days.
Registration:
If no opposition is successful, the mark is registered, and a certificate of registration is issued.
5. Duration and Renewal
Initial registration is valid for 10 years from the date of registration.
It can be renewed indefinitely for successive periods of 10 years each, upon payment of renewal fees.
6. Rights Conferred by Registration
A registered trademark in Palau gives the owner:
Exclusive right to use the mark for the registered goods or services.
Right to prevent others from using identical or confusingly similar marks.
Ability to license or assign the mark.
Legal remedies against infringement, including injunctions, damages, and seizure of infringing goods.
7. Infringement and Remedies
Infringement occurs when someone:
Uses a confusingly similar mark for identical or related goods/services.
Uses the mark without authorization in commerce.
Remedies include:
Court injunctions to stop infringement
Damages for loss or unjust enrichment
Destruction or seizure of infringing goods
Criminal penalties for intentional counterfeit or fraudulent use
8. International Considerations
Palau recognizes trademarks under international treaties like the Paris Convention for the Protection of Industrial Property.
This allows foreign businesses to register trademarks in Palau with certain priority rights.
9. Unregistered Trademarks
Even if not registered, a mark may receive common law protection if it has been used extensively and acquired distinctive goodwill in Palau.
Courts can prevent passing off, where someone misrepresents goods or services as being associated with another business.
10. Summary Table
| Feature | Trademarks Law – Palau |
|---|---|
| Definition | Sign or symbol distinguishing goods/services of one party from others |
| Registrable Marks | Words, logos, letters, numerals, shapes, sounds, colors (if distinctive) |
| Registration Authority | Palau Trademark Office |
| Process | Application → Examination → Publication → Opposition → Registration |
| Term | 10 years, renewable indefinitely |
| Rights | Exclusive use, licensing, prevention of infringement |
| Remedies | Injunctions, damages, seizure, criminal penalties |
| International | Recognizes Paris Convention priority |
| Unregistered Marks | Protected under common law via passing-off claims |
In short:
Palau’s trademark law provides a modern system for registering, protecting, and enforcing trademarks, balancing the rights of trademark owners with public interest and ensuring consumer protection and market integrity.
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