Tuvalu is located in the South Pacific and consists of nine circular coral islands, making it the fourth smallest country in the world in terms of area. The current trademark regulations in Tuvalu are mainly based on the registration provisions of the UK Trademark Law promulgated on August 22, 1939. The Office of the Attorney General of the Department of Trade, Commerce and Public Companies of Tuvalu is responsible for managing trademark affairs, and the official languages are English and Tuvalu. Trademark exclusive rights need to be obtained through registration. As Tuvalu is currently a member of the Commonwealth and does not have its own trademark system and trademark laws, trademark protection on the island can only be applied for based on the existing UK single country registration basis. Tuvalu has not joined any international intellectual property treaties.
Applications submitted based on existing UK registration foundations must be based on UK single country registration, and Madrid designated UK or EU applications cannot be considered valid foundations. The elements that can be registered as trademarks in Tuvalu include: text, letters, graphics, symbols, dynamic graphics, color combinations, three-dimensional shapes, etc. We do not accept applications for service trademarks and can accept multiple types of applications. If the applicant does not reside in Tuvalu, 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. The specific category and product items must have the same registration basis as in the UK;
3. The applicant's name and address must be the same as the registration basis in the UK;
4. Power of attorney;
5. Original registration certificate issued by the UK Intellectual Property Office;
6. Priority cannot be declared.
The main process for applying for registration of a trademark in Tuvalu based on the existing foundation in the UK is: application acceptance formal examination approval issuance. The application will be accepted within 2-3 weeks after submission. The examiner will conduct a formal review of the application, mainly examining whether the application requirements and classification information comply with regulations. There is no substantive examination and announcement system. If everything goes smoothly, it will take about one year to apply for registration based on the existing UK single country registration foundation.
The validity period of the trademark registration in Tuvalu is the same as that of the basic registration in the UK. After the renewal of the basic registration in the UK is completed, the rights holder should notify the registration personnel in Tuvalu as soon as possible to renew the trademark registration in Tuvalu. If the renewal is not applied for within the deadline, the trademark will be invalid. The renewal period is also the same as the basic registration in the UK.
The country currently does not have a system of revocation or invalidation. In the event of trademark infringement, the rights holder may appeal to the local court based on current UK trademark laws.