Trade mark legislation has not been enacted in Nauru and it is therefore not possible to register a trade mark. The only way to claim and assert rights in a trade mark in Nauru is through common law and is based on use of the mark and the public awareness of the mark and the goods/services which it covers. Publication of a cautionary notice in the local newspaper in Nauru is the most effective way to protect trade mark rights along with making genuine use of the mark in the jurisdiction.
Nauru Trade Mark Registration Key Features
- A trademark is valid for 10 years and may be renewed for further periods of 10 years each.
- The Trademarks Act provides for local trademark applications with registration dating from receipt of application.
- The Registration of UK Trade Marks Act provides for applications to extend rights under a UK registration to Nauru with effect from the date of registration in the UK, but an action in Nauru for infringement of a UK-based registration can only complain of infringement occurring after the date of registration in Nauru.
Nauru Trade Mark Registration Requirements
- Power of attorney, notarized.
- Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
- The desalination of goods and/or services for witch the trademark will be registered or the classes in case they are known.
- Details of the trademark owner (name, address, registration number).
- Invoicing details (name, address, fiscal number, registration number).
- Information related to the previously filed by you trademarks, in order to benefit of the priority date, if it is the case. A UK – based application usually takes about four weeks to be processed. Paris Convention priority can be claimed