Patent Law in Marshall Islands
Due to the existing administrative problems at the Marshall Islands Patent & Trademark Office, still the patent department is not functional. However, the Government is currently working on draft Patent legislation.
The Marshall Islands way of protection is by Cautionary Notices.
Marshall Islands is a member of the following international agreement
* Marrakesh VIP Treaty
* WIPO Convention
* Beijing Treaty on Audiovisual Performances
The measure of protection in practice is by publishing cautionary notices at regular intervals in a dual-language at THE MARSHALL ISLANDS JOURNAL, once-a-week publication of the Micronitor News & Printing Company. Newspaper is published every Friday in both hardcopy/print and online PDF version. Thereby claiming ownership of the patent and warning third parties against infringement.
* Such notices have legal value when submitted to the Courts in the event of infringement in Marshall Islands.
Information required for Cautionary Notice in Marshall Islands:
• Patent's title
• Patentee's name
• Address and nationality
• Inventors' names
• Priority claims
The cautionary notices need to be published every two years.
To increase protection is recommended to make genuine use of the patent in the Marshall Islands.
Trademark Law in Marshall Islands
There is no legislation that provides for the protection of trademarks the Marshall Islands. Trademark protection is acquired by sufficient public recognition.
The cautionary notices is the best way to protect Trademarks rights in Marshall Islands, which need to be published every two (2) years.
As there is no method for protecting trademarks in the Marshall Islands, there is no classification system used.
Trademark Protection Procedure in Marshall Islands
Protection of trade marks is only acquired by way of common law, i.e., by publishing cautionary notice in the leading newspaper every two (2) years.
A cautionary notice may be published for multiple-classes or separate cautionary notices may also be published for each class.
An application can include goods or services in any number of classes, but with additional charges (publication fees with the newspaper company) for each additional class.
The trademarks are published in a dual-language at the THE MARSHALL ISLANDS JOURNAL, once-a-week publication of the Micronitor News & Printing Company. It is the newspaper of record for the Marshall Islands.
Newspaper is published every Friday in both hardcopy/print and online PDF version.
This entire process of acquiring trademark protection by Publishing a cautionary notice may take approximately 2 to 5 weeks time.
National Opposition Period
By publishing a cautionary notice in the leading newspaper in Marshall Islands as per common law, the public at large are made aware of the sole ownership/proprietorship on the mark and in case of any infringement, the same may be brought to the notice of the Court.
Since there is no trademark law in the Marshall Islands, protection of trademarks is only by way of common law, i.e., by publishing a cautionary notice in the leading newspaper. Therefore, there is no provision for renewal of the mark. However, it is recommended that the cautionary notice(s) be re-published every two (2) years.