18 July 2025
For many, the Pacific Islands bring to mind images of tropical holidays and crystal-clear waters. But beyond the tourism spotlight, the region is also home to growing trade and commercial activity. If you're doing business in the Pacific — or planning to — it’s crucial to understand how to protect your brand across this diverse and complex region.
Whether you’re a local entrepreneur expanding into neighbouring markets or an international business entering the region, securing trade mark rights should be a key part of your commercial strategy.
No Single System — Every Country Is Different
Unlike regions like the European Union, where one trade mark application can cover multiple countries, there is no unified trade mark system across the Pacific Islands. Each country (or territory) has its own rules — and some don’t have formal systems at all.
This makes trade mark protection in the Pacific less straightforward, and businesses need to take a tailored, jurisdiction-by-jurisdiction approach.
Where You Can Register Locally
Some Pacific Island nations have their own trade mark laws and formal registration processes. Fiji, for example, has a well-established system. Other jurisdictions are still developing or operate under older frameworks.
Each country has its own application process, and requirements can vary — so it’s important to seek local advice. If your business plans to operate in one of these markets, registering your trade mark is the best way to secure enforceable rights, especially in places where using a mark alone may not give you legal protection.
Where Protection Depends on Overseas Registrations
In some territories, you can’t register your trade mark locally — instead, your rights depend on having a registration in another country.
- French territories like New Caledonia, French Polynesia, and Wallis and Futuna rely on registrations in France.
- US territories including Guam, American Samoa, and the Northern Mariana Islands require a US trade mark.
However, this isn’t always automatic. Some countries may accept the foreign registration as is, while others require a separate re-registration process. Knowing the local process is essential to avoid gaps in protection.
Cautionary Notices: A Backup Option
In countries with no formal registration process, you still have options. A common practice is to publish cautionary notices in local newspapers or media — public statements that assert your rights to a trade mark.
While not the same as a registration, these notices can deter misuse and help establish your claims if legal action becomes necessary later.
Plan Ahead With a Smart Trade Mark Strategy
If your business has commercial interests in the Pacific Islands, don’t leave your brand vulnerable. A well-thought-out trade mark strategy can protect your reputation, prevent infringement, and support future growth in the region.
At IP Solved, our experienced team can help you navigate the varying systems across the Pacific, recommend the best route for protection in each jurisdiction, and work with trusted local associates to streamline the process.
Get in touch to discuss a customised trade mark plan for your business in the Pacific Islands.
