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How are Trade Marks protected?
Trade Marks are protected by registration at Intellectual Property Office of Papua New Guinea (IPOPNG) in relation to classes of both goods and services. It is important that a trade mark be used. However, there is what might be called a "grace" period of three years during which a trade mark need to be genuine intention to use it. These comments apply throughout the life of a trade mark. It should be remembered that a trade mark registration can give protection to its owner for an indefinite period subject to the payment of renewal fees on or before every tenth year and thereafter.
Who Can Apply?
Anyone who claims to be the proprietor of a trade mark can apply. Thus, an ordinary person (a "natural" person) or a company (a "legal" person) can apply. Joint owners of a trade mark can make a joint application. A partnership, even if it has registered a business name, must apply in the names of the parties.
How do I prepare an Application
You will require a copy of Application Form 4. A non-refundable fee of K250 is payable.
Can I pay by cheque?
Yes!...Cheques should be made out to "Investment Promotion Authority".
Very Important!
Ensure that you have eight (8) representatives of the trade marks, each measuring 80mm x 60mm.
- One must be affixed in the box provided on the Application Form; and
- The other seven must be attached to the Form.
Alternatively, if the mark is an ordinary Roman typescript,
- one representation may be typed in the space provided in Application Form; and
- The other seven representation must be attached to the Form.
What do I do with larger representations?
In some cases it may be necessary to supply representations which are larger than 80mm x 60mm because of the nature of the mark. An extra fee of K40 is payable in this case. For example, in certain cases larger size representations printed on plastic materials, such as labels, may be acceptable at the discretion of the Registrar.
What about the section of the Form relating to re-registrations?
You should complete all relevant boxes in the Application Form. Those comments at the bottom of the Form relating to Part XIV concern re-registrations only and can be ignored if you are making a new application.
What is the difference in registration i.e Part A or Part B?
Registration in Part A is a more desirable than in Part B. (The explanation is rather technical. It is to be found in Sections 15, 16 and 17 (2) of the Act. For this reason, the requirements for registration in Part A are more severe.
