Legal basis is the law of 1978, in force since 1980.
Papua New Guinea is not a member of the Madrid Agreement, the Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition.
Nice classification, 9th edition
Registrable as a trademark are the name of a person represented in a special or particular manner; the signature of an applicant for registration or of some predecessor in his business; an invented word; a word (not having a direct reference to the character or quality of the goods in respect of which registration is sought and not being, according to its ordinary meaning, a geographical name or a surname); or any other distinctive mark.
The following trademark types are registrable: trademarks, service marks, collective marks, 3D marks, and quality marks (certification marks).
The application is filed at the Investment Promotion Authority.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney is not necessary.
Foreign applicants do not need a domestic registration.
There are two parts to the Register.
Part A covers trademarks that are considered distinctive, Part B covers trademarks that are not distinctive but capable of becoming distinctive over time.
The application process (wether it is Part A or B application) includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Trademark applications accepted by the Registrar are published once in the official journal prior to registration. The journal is published on the 15th of each month. Registration fees are due six months after the date of publication.
The approximate time frame for completing the registration process of a trademark in Papua New Guinea is approximately 12-18 months.
National:
The opposition period is three months from the publication date of the application in the official journal.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
here
The official application fee is PGK 250 for one class, and PGK 200 for each subsequent application (for the same mark in a different class). The registration fee is PGK 350.
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Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
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SMD Group
thanks the following law firms for their assictance in updating the information provided.
Aug 29, 2023
AJ Park, Auckland, New Zealand