Trademark Search in Papua New Guinea

Search your trademark within Papua New Guinean Trademark Office. Search by Trademark Name, Number or Applicant

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

A trademark registration needs 8 to 12 months to be completed.

If I register my trademark in Papua New Guinea, do I have protection in other territories?

The territorial limit of registration is Papua New Guinea.

Do I need to sign a Power of Attorney?

A power of attorney is not a filing requirement but the Registry office might request for it during prosecution.

Are there any benefits from a pre-filing use of the trademark?
  • it may demonstrate acquired distinctiveness
  • it may help overcome an opposition on the grounds of non-distinctiveness
Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

What are the types of trademark that can be registered in Papua New Guinea?
  • words
  • names
  • devices
  • slogans
  • trade dress/get-up
  • service marks
What are the phases of application after a trademark has been filed in Papua New Guinea?

The order of the application process is as follows:

  1. Examination of the application based on the following:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflict with prior registration
  2. Publication of the application particulars:
    • mark
    • name of applicant
    • address of applicant
    • state or country of incorporation of applicant
    • citizenship of applicant
    • application number
    • application date
    • goods/services
    • priority claim information
    • representation of trademark
  3. Registration
What type of trademark is not registrable?
  • marks contrary to moral standards or public order
  • generic terms
  • non-distinctive marks
  • surnames
  • geographic location names
  • marks that are contrary to law
  • marks that may deceive the public or cause confusion
Does Papua New Guinea use the "Nice Classification" system?

This jurisdiction uses the Nice Classification System.

Does the Community Trademark apply for Papua New Guinea?

Papua New Guinea is not a member of the European Union; hence, the Community Trade Mark registration is not effective in this jurisdiction.

Is there any possibility to claim priority in Papua New Guinea?

Priority application can be claimed if:

 

  • the home country is a member of the Paris Convention
  • the home application was filed six months earlier than the application in Papua New Guinea
What do I need to do to satisfy the use requirement?

A trademark must be used within a period of three years.

 

The amount of use can be minimal and must occur in this jurisdiction.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

It is legal to use an unregistered mark for any goods or services.

Does having a registered trademark in Papua New Guinea give me any right?

Registration is not necessary to obtain rights to a trademark. Prior use can establish ownership to a trademark. Papua New Guinea follows the "first to use" principle.

What is the web address of the trademark national office?

The national office is accessible online at the following URL: http://www.ipopng.gov.pg/.

Is there any need to use my trademark before I apply for registration?

Either actual use or intent to use is required for application.

Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • proprietary rights
  • breach of copyright
  • the mark is generic
  • the mark is descriptive
  • the mark is functional
  • the mark is not distinctive
  • the mark consists of a geographical indication
  • the mark is misleading, deceptive or disparaging
  • the mark comprises or contains scandalous or otherwise offensive matter
Who can contest my trademark application?

Anyone may initiate an opposition.

Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • proprietary rights
  • breach of copyright
  • the mark is not distinctive
  • the mark is descriptive
  • the mark is misleading, deceptive or disparaging
  • the mark is generic
  • the mark is functional
  • geographical indication
Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to file an opposition case against later conflicting applications
  • the right to file a cancellation case against a later conflicting registration
  • the right to sue third parties for infringement or for using a confusingly similar mark
  • the right to license interested parties to use the trademark
  • the right to receive compensation for infringement
How long is the opposition period?

The opposition period begins on the date of publication.

 

The opposition period ends three months after date of publication.

Is Papua New Guinea a member of the Madrid System?

Papua New Guinea is not a party to either the Madrid Agreement or the Madrid Protocol. International applications may not be designated.

Do I need to present periodic statement of use?

Periodic statements of use are not required.

When should I renew my trademark?

Subsequent renewals last for a period of 10 years from the renewal date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is there any documentation that should be presented when renewing a trademark?

No documentation is necessary when renewing a trademark.

If my trademark expires, do I have a grace period?

There is no grace period provided once the renewal date has expired. However, the Registrar can restore and renew the registration within 12 months.

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