English
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.