Welcome to Intellectual Property Office of Papua New Guinea

The Trade Marks Act Ch 385 (hereinafter the "Act") came into full implementation in 1980. All applications which were not on the Australian Register prior to Independence were registered after the implementation of the Act.

A trade mark must be distinctive, and must not remove or diminish the rights of other traders and their trade marks in connection to goods or services.

Why do I need to register my Trade Mark ?

It is important to protect a trade mark by obtaining a registration from IPOPNG. The purpose of registration is to provide the proprietor of a trade mark, or registered user, the legal title to having exclusive use, or use with limitations, of the trade mark for the goods and services for which it is registered. The legal or statutory title protects the registered proprietor or registered user against unauthorized use of the trade mark

The Register is divided into two parts which are called Part A and Part B respectively. If a trade mark is distinctive, it will qualify for registration in Part A of the Register. A trade mark which is non-distinctive, but is capable of becoming distinctive over time, will qualify for registration in Part B of the Register. The registration requirements can be found in Sections 15, 16 and 17(2) of the Trade Marks Act ( Ch. 385)

An applicant must specify the goods to which a trade mark is applied, or to be applied in the future.

An application must be limited to the goods in one class only. The applicant must also specify the classification, to which category of the goods and services fall under, for example clothing and footwear are categorized under class 25.

In order to ensure a correct classification, the applicant must clearly describe the goods or services to which the trade mark is being actually applied, and should also avoid the use of the expression "and all other goods or services in this class".

When did the Trade Marks Act Ch. 385 come into force?

What is the registration fee?

A non refundable fee of K250 is charged, for each new application to register a trade mark. Upon registration of a trade mark a fee of K350 is payable.

There are also specific charges relating to the association of trade marks, amendments, and so forth. These are listed in Schedule 4 of the Trade Marks Regulation. The proprietor of a certain trade mark is protected for an indefinite period subject to the payment of a renewal fee on or before every tenth (10th) year and thereafter.

Who may register a Trade Mark?

Any one person or persons who claim to be the proprietor of a trade mark can apply for registration of the mark. Thus, an ordinary person (a natural person) or company (a legal person) are eligible to apply.

How can I apply for registration?

Applicants are required to submit at least eight (8) representations of the trade mark, each measuring 80 mm x 60 mm. One to be affixed to the application form and the other seven to accompany the application.

If the representations are larger than 80 mm x 60 mm, an additional fee of K40 is required.

How long does it take to register a trade mark?

This varies from each application If the applicant has met all requirements in the application form including good quality representations, and the application clearly states which category of goods and services it is to be applied to in the specific, it may take about six months to process to registration.

The trade mark application process includes application, examination, acceptance and publication, and an opposition period for the receipt of any possible objections. After successful acceptance and examination, the mark is accepted and is advertised in the IPOPNG Journal. A three month period is allowed for opposition, whereby a person may object to the registration of the mark on various grounds.

An opposition may delay or even prevent registration. However, if no opposition is lodged, the application may proceed to registration, subject to payment of registration fee.