Registering a trademark in Micronesia is a process that involves conducting a preliminary search, filing an application, undergoing an examination by the FSM Department of Resources and Development, and waiting for the publication and potential opposition period. If successful, the registration of your trademark will give you exclusive rights to use it in Micronesia for 10 years, renewable indefinitely. By following this guide, you can take the necessary steps to protect your brand in Micronesia. Make sure to adhere to the requirements and guidelines to ensure a smooth registration process.
Step 1: Preliminary Search
The first step in the process is to conduct a preliminary search to ensure that your proposed trademark is not similar or identical to an existing one. Micronesia does not currently have an online database for this search, so it may be necessary to contact the Federated States of Micronesia (FSM) Department of Resources and Development or consult with a legal professional to conduct this search.
Step 2: Application
If the search does not reveal any conflicting trademarks, the next step is to file an application with the FSM Department of Resources and Development. The application must include a clear representation of the trademark and a list of goods or services to be covered by the trademark.
Step 3: Examination by FSM Department of Resources and Development
After receiving the application, the FSM Department of Resources and Development will examine it to ensure that it complies with the requirements of the Trademark Law. They will also determine whether the trademark can be registered or if it infringes upon any existing trademarks.
Step 4: Publication
Once the application passes the examination, the FSM Department of Resources and Development will publish the application in a National Gazette. This is to give third parties the opportunity to oppose the registration of the trademark. The opposition period lasts for 60 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 FSM Department of Resources and Development will proceed with the registration of the trademark. The applicant will then receive a certificate of registration.
The official fee for filing a trademark application is approximately USD 100 (as of 2022). 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 contact the FSM Department of Resources and Development for the most up-to-date information.
The entire process, from application to registration, usually takes between 12 to 18 months, provided that there are no objections or oppositions.
FSM Department of Resources and Development: There is no official website available as of my last update in September 2021. Therefore, contacting the department directly is advised.