Trademarks in Papua New Guinea

Competent Authority

• Name of Office: Intellectual Property Office of Papua New Guinea (IPOPNG)
• Working Language: English
• System Type: National system (administered under the Trade Marks Act, Chapter 385)

International Treaties

• Madrid Protocol: Not a member
• Paris Convention: Member
• Madrid Designation: Papua New Guinea cannot be designated through the Madrid System; applications must be filed directly.

Who Can Apply

• Applicants: Both natural persons and legal entities can apply.
• Local Representative Requirement: Foreign applicants typically utilize local agents or legal representatives to manage filings and correspondence before the IPOPNG.
• Power of Attorney: A signed Power of Attorney is generally required for representation, though specific legalization or notarization requirements can depend on local agent guidelines and practice rules.

Online Filing and Search

• Electronic Filing: Available via the IPOPNG eFiling system.
• Search Database: The PNG IP Search database is accessible online via the official portal for checking filed and registered brands.

Protectable Trademark Types

• Types: Word marks, figurative elements, and series of trademarks are explicitly recognized under the registry's administrative schedules.

Classification

• Classification System: International Classification (Nice Classification).
• Multi-Class Applications: Not permitted; a separate application must be filed for each individual class of goods or services.

Examination

• Examination Scope: Applications undergo formal and substantive examination by the Registrar to ensure compliance with local legal requirements and registrability standards.

Publication and Opposition

• Opposition Period: Third parties may file an opposition action within three (3) months from the date the application is published in the official trademarks journal.
• Opposition Fee: Notice of opposition (Form 5) official fee is PGK 200.

Timelines

• Registration Timeline: Straightforward, unopposed applications generally take approximately 12 to 18 months to complete registration.

Official Fees

• Application Fee: PGK 250.00 for lodging a trademark application (Form 4) in a prescribed class.
• Registration Fee: PGK 350.00 upon final registration of a trademark or series of trademarks.
• Renewal Fee: PGK 400.00 for lodging an application for the renewal of a trademark registration (Form 6).
• Opposition Fee: PGK 200.00 for filing a notice of opposition (Form 5).
• Source: IPOPNG Trademark Schedule of Fees.

Protection Term and Renewal

• Protection Term: 10 years, calculated from the filing date.
• Renewal: Can be renewed for subsequent periods of 10 years.

Use Requirement

• System Type: Follows standard national registration principles, with provisions governed by the Trade Marks Act Chapter 385.

Post-Registration Procedures

• Assignments and Changes: Recordals for change of address (PGK 50.00), alterations of registered trademarks (Form 3, PGK 200.00), and assignments are processed directly through the IPOPNG.

Legal Remedies

• Administrative and Legal Actions: Handled via the IPOPNG registry procedures or relevant judicial forums in Papua New Guinea for contentious matters, cancellations, and infringements.

Country-Specific Risks and Practical Notes

• Papua New Guinea does not accept multi-class applications; every single class requires a distinct filing package and separate official fees. Because the Madrid System is unavailable, international applicants must coordinate directly with local channels for direct national filings.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.