Registering a trademark in the Marshall Islands involves conducting a preliminary search, filing an application, undergoing examination by the Registrar, and waiting for the publication and potential opposition period. If successful, the registration of your trademark will grant you exclusive rights to use it in the Marshall Islands for 10 years, with the possibility of renewal. By following this guide and seeking assistance from a local attorney or IP service provider, you can take the necessary steps to protect your brand in the Marshall Islands. Ensure to adhere to the requirements and guidelines for a smooth registration process.
Step 1: Preliminary Search
The first step is to conduct a preliminary search to ensure that your proposed trademark isn't identical or similar to an existing one. There isn't a specific Marshall Islands government database for this search, but you can consult with a local attorney or IP service provider who can assist you in conducting this search.
Step 2: Application
Once you've confirmed that no conflicting trademarks exist, you can proceed to file an application with the Registrar of Trademarks. The application must include a clear representation of the trademark and a list of goods or services that will be covered by the trademark.
Step 3: Examination by the Registrar
After receiving the application, the Registrar will examine it to ensure compliance with the requirements of the Trademark Law. They will also ascertain whether the proposed trademark infringes upon any existing trademarks.
Step 4: Publication
Once your application passes the examination, it will be published in the Official Gazette. This publication allows third parties to oppose the registration of the trademark if they wish. The opposition period lasts for 90 days from the date of publication.
Step 5: Registration
If no opposition is filed, or if any opposition is resolved in favor of the applicant, the Registrar will proceed with the registration of the trademark. Upon successful registration, the applicant will receive a certificate of registration.
The official fee for filing a trademark application is approximately $200 (as of 2021). If the application is successful, there is an additional fee for the issuance of the registration certificate. Please note that these fees are subject to change and it's recommended to consult with a local attorney or IP service provider to check the latest fees.
The entire process, from application to registration, usually takes between 6 to 12 months, provided that there are no objections or oppositions.
Unfortunately, as of my knowledge cut-off in September 2021, the Marshall Islands does not provide specific websites or online platforms for trademark registration. It's recommended to consult with a local attorney or IP service provider for this process.