Papua New Guinea is located in the South Pacific and its current trademark regulations are mainly based on the Trademark Law promulgated on October 18, 1978. The Papua New Guinea Intellectual Property Office is responsible for managing trademark affairs, and the official languages are English and Pidgin. Trademark exclusive rights need to be obtained through use. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
Papua New Guinea adopts the principle of "first use" for trademark registration. Papua New Guinea is a signatory to international intellectual property treaties such as the Paris Convention and the Singapore Treaty, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, trademark applications in Papua New Guinea use the Nice Classification 9th edition for describing goods and services, and do not accept applications with multiple categories in one form. The elements that Papua New Guinea can register as a trademark include: text, name, graphics, color combinations, etc.
If the applicant does not reside in Papua New Guinea, they can entrust a specialized agent in their home country to handle the application, or directly submit the application to the Papua New Guinea Intellectual Property Office, but must provide a local address. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5. Explain whether the trademark is intended or actually used in that country;
6.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Papua New Guinea is: application acceptance, examination, announcement, approval, and issuance of a certificate. The application will be accepted 3-4 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The objection period is within 3 months from the date of public sale, and any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. If everything goes smoothly, trademark registration in Papua New Guinea will take about 2 years; If there are any objections or rejections during the process, the time will be extended to about 3 years.
The trademark registration in Papua New Guinea is valid for 10 years from the date of application; Renewal must be processed within 6 months before the expiration date, with no grace period. But within 12 months after the expiration date, the examiner may allow the trademark to be revived and renewed depending on the situation; The renewal is valid for 10 years.