Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696589317299.pdf (Vanuatu)
HOW TO CREATE A DISTINCTIVE AND REGISTRABLE MARK HOW TO CREATE A DISTINCTIVE AND REGISTRABLE MARK Choose a mark (figurative or word) that is distinctive for your product.

You can do it by yourself or consult the trademark section at VanIPO for assistance.

FIVE CATEGORIES OF DISTINCTIVENESS Generic Mark Descriptive Mark Suggestive Mark Arbitrary Mark Fanciful Mark A common term that fails to distinguish one product source from another.

Words that reflect the nature, quality, or contents of a product.
A word or phrase that hints at a product attribute.

A common word used in a unrelated context Wholly invented sign, symbol, word, or phrase.

Water, Elevator, Aspirin, Beer Not protectable Protectable only with Secondary meaning Generally protectable Almost always protectable Most protectable Do not choose a term that is considered generic as your trademark.

For example, Coconut Virgin Oil or Manaro Virgin Oil.

Generic terms are not protectable.

You may choose a descriptive mark.


But the rule is that descriptive marks, geographic terms, and personal names must have an established secondary meaning in consumers' minds in order for approval to be granted.

You can have suggestive and arbitrary marks.

They are considered inherently distinctive with their eligibility being determined by whoever is first to register or first to use.

We recommend people to come up with fanciful marks.
A fanciful mark is the strongest protectable mark Vanuatu Intellectual Property Office Ministry of Tourism, Trade, Industry, Commerce & Ni-Vanuatu Business Government of the Republic of Vanuatu PMB 9056 Port Vila, VANUATU IMPORTANCE OF TRADEMARK IMPORTANCE OF TRADEMARK FOR LOCAL PRODUCTS FOR LOCAL PRODUCTS What is a Trademark?
“A trademark is a sign or word used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services dealt with or provided in the course of trade by another person” (Trademark Act).

DIFFERENCE BETWEEN A DIFFERENCE BETWEEN A BRAND AND A TRADEMARK BRAND AND A TRADEMARK Brand is a marketing tool that can create a living pleasant memory on the consumer.

It sums up all experiences that consumer associated with that product as well.
Stories that mothers in the islands (consumers), tells about the healing and suiting effect of Mama Joy for babies is the BRAND of Mama Joy.

Trademark is the legal identity of your brand usually comes with brand name, formula to produce product or something that is patented.

It gives legal protection to your product in the market.

BENEFITS OF BENEFITS OF REGISTERING YOUR REGISTERING YOUR MARK MARK 1.

You legally own the mark.

2.

You can pursue legal action against infringers.

3.
3.

Your trademark will appear in searches locally, regionally and internally.

4.

Prevent against imported goods with similar confusing mark.

5.

Easier path to international rights.

SEE EXAMPLES BELOW WITH UNREGISTERED MARKS AND SEE EXAMPLES BELOW WITH UNREGISTERED MARKS AND THE STRENGTH OF THE MARK THE STRENGTH OF THE MARK Do not choose a term that is considered generic as your trademark.

You may choose a descriptive mark.


But the rule is that descriptive marks, geographic terms, and personal names must have an established secondary meaning in consumers' minds in order for approval to be granted.

We recommend people to come up with fanciful marks.

A fanciful mark is the strongest protectable mark NO FANCIFUL MARK SO FAR FOR LOCAL PRODUCTS You can have suggestive and arbitrary marks.
They are considered inherently distinctive with their eligibility being determined by whoever is first to register or first to use.