PATENTS
Tuvalu Patent Law
The law that governs patents in Tuvalu is The Registration of United Kingdom Patents Act (Chapter 40.48, Revised Edition 2008) (2008) and United Kingdom Designs Protection Act (Chapter 40.68, Revised Edition 2008) (2008).
* There is no independent registration system for patents but UK patent registrations can be extended to cover Tuvalu. Therefore, Tuvalu patent application must be based on a UK patent.
* An application must be filed within three (3) years of the date of issue of the UK patent. In a statutory manner there is not provision for an EP (UK) patent can form the basis of a patent application in Tuvalu but in the local practice they are accepted.
* However, Vanuatu is in the process of enacting its own intellectual property laws, and it is likely that the provisions allowing re-registration of UK patents will be removed in the fairly near future.
Tuvalu is member of the following IP agreements and conventions
* Berne Convention (2017)
* WIPO Convention (2014)
Tuvalu is not a member of the Madrid Agreement, the Madrid Protocol or European Union. Tuvalu is not a member of the Paris Convention.
Documents required
- Power of Attorney (POA) simply signed.
- Certified copy of UK registration issued by the United Kingdom Comptroller-General.
Tuvalu Patent Registration Procedure
Filing
The Tuvalu patent application is filed at the Tuvalu Comptroller General of Patents, Designs and Trade Marks for the United Kingdom.
Examination
The Registrar will conduct a formalities check and inspection in order know if the application meet all law requirements.
Publication/opposition
There is not provisions for publication/opposition
Grant
If there is not obstacles, the patent will be registered and the Registrar will issued the Patent Certificate of Tuvalu.
Duration
A Tuvalu patent registration will continue in force only so long as the patent remains in force in the United Kingdom.
Timeframe
The approximate patent registration process in Tuvalu takes from 24 to 36 months.
TRADEMARKS
Tuvalu Trademark Law
The law that govern trademarks in Tuvalu is the Registration of United Kingdom Trade Marks Act (Chapter 40.52, Revised Edition 2008) (2008) and The Registration of UK Trade Marks (Fees) Regulations (2008)
Trademark protection is obtained by registration.
* A trade mark application must be based on a UK registration. However, you cannot rely on a CTM as the basis for a Tuvaluan trade mark registration.
* The Office of the Attorney-General may accept a Madrid registration designating the UK as the basis for a Tuvaluan trade mark application, but this is yet to be tested.
A Tuvalu trademark applications can cover:
• multiple classes
• goods and services
• a series of trade marks
• colours, shapes, sounds, or smells.
Tuvalu is member of the following IP agreements and conventions
* Berne Convention (2017)
* WIPO Convention (2014)
Tuvalu is not a member of the Madrid Agreement, the Madrid Protocol or European Union. Tuvalu is not a member of the Paris Convention.
Classification
Nice classification, 11th edition. Multiple-class applications are possible. An application can include goods and services in any number of classes, but with additional charges for each additional class.
Document required
- Power of Attorney (POA) simply signed.
- Certified copy of UK registration issued by the United Kingdom Comptroller-General.
Tuvalu Trademark Registration Procedure
The application is filed at the Office of the Attorney-General.
A trademark application must be based on a national UK registration certificate issued by the United Kingdom Comptroller-General.
Once the application is lodged, the Registrar is required to enter the particulars in the Trade Marks Register and issue the applicant with the registration certificate.
* There is no requirement for publication or opposition.
National Opposition Period
There is no opposition period. Applications are to be registered as of right without publication or opposition.
Timeframe
The approximate time frame for completing the registration process of a trademark in Tuvalu is from 24 to 36 months.
Duration
Tuvalu Trademark Protection begins from the date of the registration of the basic United Kingdom trademark. A trademark registration is valid for the duration of the basic United Kingdom registration in respect of the goods and services for which the trade mark is registered in Tuvalu.
Use
Prior use of trademark is not required in Tuvalu.