The short answer
Under the Trade Marks Act 1978 (Chapter No. 385), a registration is for 10 years and is renewed for further periods of 10 years. A removed mark can be restored within 12 months of expiry. Opposition must be filed within 3 months of the advertisement of acceptance, and the Court can remove a mark that has not been used in good faith for 3 years. An address for service in Papua New Guinea is required.
Trademark deadlines in Papua New Guinea at a glance
These rules come from the Trade Marks Act 1978 (Chapter No. 385) of Papua New Guinea in the English text on WIPO Lex. This is an older style Act modelled on the UK Act of 1938, so the Act refers to the original registration date and the Regulations set the fees. We confirm the current position with IPOPNG before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for further periods of 10 years (Sections 46 and 60). |
| Which date does the term count from? | The registration is for 10 years; the Act deems the date of registration for these purposes to be the date of the application (Sections 45 and 46). |
| When can I renew? | On application in the prescribed manner by the registered proprietor, the Registrar renews the registration for a further 10 years from the expiration of the last registration. The Registrar sends a notice before expiry with the conditions for renewal (Sections 60 and 61). |
| Is there a grace period? | The Registrar may remove a mark that has not been renewed (Section 61(2)). Within 12 months of the expiry the Registrar may restore the mark and renew it for 10 years if it is just to do so, and the owner can appeal to the Court (Section 62). |
| Opposition period | A person may give notice of opposition within three months after the date of advertisement of the acceptance of an application, or a further period the Registrar allows on application made within that first period. The opponent serves a copy on the applicant, who has three months to respond (Section 40). |
| Reply to an office action | The Registrar considers the application and any opposition and decides. An opposition may be referred to the Court (Section 41). |
| Priority claim | A right of priority applies to applications made in Convention countries. We confirm the claim procedure when we file. |
| Non-use | The Court may, on application by an aggrieved person, order a mark removed from the Register if there was no genuine intention to use it when it was registered, or if, up to one month before the application, a continuous period of at least three years passed during which the mark was registered and had not been used in good faith (Section 14). |
| Assignment | A trade mark can be assigned and transmitted, and the assignment is registered with the Registrar (Sections 73 and 74). |
Who can register a trademark in Papua New Guinea
A person claiming to be the proprietor of a trade mark used or proposed to be used can apply to the Registrar. The Act follows the UK model with registration of associated marks and registered users.
Representation. The registered proprietor and each registered user must have an address for service in Papua New Guinea, entered in the Register (Section 97). We provide it.
Trademark registration process in Papua New Guinea
Search
- Search the the Intellectual Property Office of Papua New Guinea (IPOPNG) records for identical or similar marks in your classes.
File the application
- File with the the Intellectual Property Office of Papua New Guinea (IPOPNG), through a Papua New Guinea address for service.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance is advertised, a person can oppose within three months, extendable by the Registrar. The applicant responds within three months of service (Section 40).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Intellectual Property Office of Papua New Guinea (IPOPNG) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Papua New Guinea trademark validity and renewal
- A registration is for 10 years.
- Renew by application in the prescribed manner.
- Restoration is possible within 12 months of expiry.
- Keep using the mark to avoid removal after 3 years of non-use.
Diarise the expiry and confirm the start date with IPOPNG.
Assignment, licence and changes to a Papua New Guinea trademark
Assignment
Register it
Assignments are recorded in the Register (Sections 73 and 74).
Registered users
Recordable
Registered users are entered in the Register (Part on registered users).
Restoration
12 months
Restore a removed mark within 12 months of expiry (Section 62).
Address
Notify changes
Notify any change of address for service (Section 97).
Non-use and cancellation of a Papua New Guinea trademark
The Court can remove a mark for lack of intention to use when registered, or for three years of non-use (Section 14). After 10 years from original registration a registration is taken to be valid in all respects unless the Act's exceptions apply (Section 52).
Keep dated proof of use in Papua New Guinea: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Papua New Guinea
Search the IPOPNG register for the application, registration and renewal dates.
Sources used
- Trade Marks Act 1978 (Chapter No. 385), Papua New Guinea, English text on WIPO Lex: Sections 14, 40 to 41, 45 to 46, 52, 60 to 63, 73 to 74, 97.
- IPOPNG for the Regulations, fees and forms.
Papua New Guinea trademark FAQ
How long does a trademark last in Papua New Guinea, and from when?
10 years, renewable for further periods of 10 years (Sections 46 and 60). It runs from the date of registration, deemed to be the application date (Sections 45 and 46).
When should I renew a Papua New Guinea trademark, and is there a grace period?
On application in the prescribed manner by the registered proprietor, the Registrar renews the registration for a further 10 years from the expiration of the last registration. The Registrar sends a notice before expiry with the conditions for renewal (Sections 60 and 61).
What is the opposition period in Papua New Guinea?
A person may give notice of opposition within three months after the date of advertisement of the acceptance of an application, or a further period the Registrar allows on application made within that first period. The opponent serves a copy on the applicant, who has three months to respond (Section 40).
How much does it cost to register a trademark in Papua New Guinea?
The official fee is set by the the Intellectual Property Office of Papua New Guinea (IPOPNG) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Papua New Guinea?
Yes. A foreign company can register a trade mark in Papua New Guinea, giving an address for service in the country (Section 97). We arrange this.
Can I assign a Papua New Guinea trademark?
A trade mark can be assigned and transmitted, and the assignment is registered with the Registrar (Sections 73 and 74).
Can a Papua New Guinea trademark be cancelled for non-use?
The Court may, on application by an aggrieved person, order a mark removed from the Register if there was no genuine intention to use it when it was registered, or if, up to one month before the application, a continuous period of at least three years passed during which the mark was registered and had not been used in good faith (Section 14).
How can I check the status of a Papua New Guinea trademark?
Use the the Intellectual Property Office of Papua New Guinea (IPOPNG) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
A right of priority applies to applications made in Convention countries. We confirm the claim procedure when we file.
How do I change the owner's name or address?
Record the change with the the Intellectual Property Office of Papua New Guinea (IPOPNG) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Papua New Guinea
SUPREMEiP® files trademarks worldwide through its network and checks every Papua New Guinea deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
