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Fiji Opposes Canadian 'Fiji Ocean' Fish Trademark

Fiji embassy in Washington opposes trademark registration

A Notice of Opposition has been given to the proposed registration of the trademark 'FIJI OCEAN'.in Canada.

The Fiji Embassy in Washington has opposed the proposed trade mark registration which was advertised in the Trade Marks Journal dated March 5, 2008.

The Attorney-General's Chambers as the representatives of the State have in conjunction with the Canadian Intellectual Property Office (CIPO) filed a Notice Of Opposition against Kohinoor Grocery Ltd of Surrey British Columbia, the company responsible for registering the mark "Fiji Ocean" as their trade-mark for canned fish in the Canadian market.

The product is labelled as a Product of Chile with a FIJI OCEAN trademark.

A decision is yet to be made at the Intellectual Property Registry in Canada according to the Solicitor-General Mr Christopher Pryde.

"FIJI OCEAN is a mark that is deemed unregistrable in Fiji as a trademark in accordance with Section 10 of the Trademarks Act in Fiji", Mr Pryde said.

However, FIJI OCEAN is used by the Government of Fiji for certification of goods and services in Fiji and for Fijian goods and services that will be exported.

Mr Pryde stressed that amongst the several grounds of opposition, there is one that clarifies that in the case of canned fish from Fiji or the Fiji Ocean, the trade mark is descriptive but in the case of canned fish not from Fiji or the Fiji Ocean, the trademark is deceptively misdescriptive and that the applicant is not entitled to registration of the alleged trademark.

The Attorney-General's Chambers has concluded that a decision is yet to be made at the Intellectual Property Registry in Canada.


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