Trademark disputes in Fiji, though less frequent than in some other countries, reveal challenges in protecting brand ownership and ensuring timely resolution.

According to Siwatibau & Sloan Lawyers, while many companies comply with trademark regulations, issues often arise around “passing off,” where one business uses a brand or logo similar to that of a well-known company.

Members of the Standing Committee on Foreign Affairs and Defence on the Trademarks Amendment Bill sought clarification on cases in the country.

“So, you as a lawyer, I mean, are there a lot of disputes, or I should say disagreements, in regards to the use of trademarks amongst the different clients you have?”

Siwatibau and Sloan Lawyers state that several court cases have been reported, particularly involving major brands seeking to prevent others from capitalising on their reputation

“So, that’s what about the decision, but there’s no tribunal for it, you know. So, and I see under the new Act, obviously, there’s opposition period, I hope that that will be improved under the new Act, and expertise on what else is in it, because under the current Act, which is all smaller, those things are still not done.”

Vulaono says that there are limitations in the way trademark disputes are handled.

He adds that in 2021, submissions on the bill highlighted the need to update Fiji’s trademark laws but stressed the importance of proceeding cautiously.

Concerns were raised that without adequate resources and a proper tribunal, the registry would struggle to meet its obligations under the Act.

As Fiji modernises its intellectual property framework, businesses and investors alike hope the changes will strengthen protections, reduce disputes, and foster a more predictable commercial environment.

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