English
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
The territorial limit of registration is Papua New Guinea.
A power of attorney is not a filing requirement but the Registry office might request for it during prosecution.
- it may demonstrate acquired distinctiveness
- it may help overcome an opposition on the grounds of non-distinctiveness
Attack on the ground of non-use is available.
- words
- names
- devices
- slogans
- trade dress/get-up
- service marks
The order of the application process is as follows:
- Examination of the application based on the following:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- 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
- Registration
- 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
This jurisdiction uses the Nice Classification System.
Papua New Guinea is not a member of the European Union; hence, the Community Trade Mark registration is not effective in this jurisdiction.
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
A trademark must be used within a period of three years.
The amount of use can be minimal and must occur in this jurisdiction.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
It is legal to use an unregistered mark for any goods or services.
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.
The national office is accessible online at the following URL: https://www.ipopng.gov.pg/.
Either actual use or intent to use is required for application.
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
Anyone may initiate an opposition.
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
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
The opposition period begins on the date of publication.
The opposition period ends three months after date of publication.
Papua New Guinea is not a party to either the Madrid Agreement or the Madrid Protocol. International applications may not be designated.
Periodic statements of use are not required.
Subsequent renewals last for a period of 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
No documentation is necessary when renewing a trademark.
There is no grace period provided once the renewal date has expired. However, the Registrar can restore and renew the registration within 12 months.