Papua New Guinea trademark protection

Trademark in Papua New Guinea (PNG) possesses great potential for economic development. PNG has large reserves of gold, copper, nickel ore, natural gas and other precious minerals. This is an important source of export income and attracts foreign investment. PNG has a forest area covering more than 70% of the territory, providing precious timber, diverse biological resources and the potential for sustainable forestry development. PNG has a large land area, potential for agricultural production, especially tropical crops such as coffee, cocoa, coconut palm and palm oil. PNG has a long coastline with abundant seafood resources, facilitating the development of the fishing and aquaculture industry. PNG is located in the South Pacific region, close to major economies such as Australia, Japan and China. This location is convenient for trade and attracting foreign investment. PNG is a member of the Pacific Island Forum (PIF) and other regional organizations, facilitating economic integration and international cooperation. To encourage investment and economic development, the PNG government has issued many policies to encourage investment, creating a favorable business environment for domestic and foreign investors. Priority sectors include mining, energy, agriculture, tourism and infrastructure. Therefore, more and more businesses are expanding their business scope in PNG, in order to be able to distinguish their trademarks from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in PNG through the article below.

Legal basis

• Patents and Industrial Designs Law 2000 (Law No. 30 of 2000)

What is a “trademark”?

Trademark: A mark used or intended to be used in connection with goods or services, to distinguish the goods or services of an entity/business from other entities in commerce. A trademark can be anything that is visible and unique, including: Separate words or combinations of words, Letters, Numbers, Drawings, Images, Designs, Colors, Logos, Labels, or a combination of any or all of the above.

Why do I need to register a trademark?

Identify and distinguish Products/Services:

• Trademarks make it easy for consumers to identify the goods and services of a particular business in the market.
• Trademarks differentiate products / services of the same type, helping consumers make convenient choices.

Enhance brand recognition: Trademarks help your products and services stand out in the market, easily recognized and remembered by customers.

Competitor identification: Trademarks also allow businesses to identify their competitors in the market.

Build a brand image over time: A brand can represent the quality, credibility and image of a business. Over time, a strong brand will be trusted and chosen by customers.

Trademark registration dossier in PNG

Applicant Information:

• Applicant name and address: The legal name and full contact information of the applicant, including phone number and email. Customers can download the TM-4 form via the link below: https://ipopng.gov.pg/download-trademark-forms/
• Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information:

• Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
• Group of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.
• Statement of Use (if applicable): If the applicant has already started using the trademark in PNG, the applicant may submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.
• Authorization (if applicable): If the applicant uses an attorney or intellectual property representative to file the application, the applicant may need an Authorization that allows them to file on the applicant’s behalf.
• Fee payment receipt: Payment of application fee is PGK 250.00

How to file for trademark registration in PNG

To file for trademark protection in PNG, customers can apply by the following filing methods:

• Direct submission: You can go directly to the Papua New Guinea Intellectual Property Office (IPOPNG) at P.O Box 5053, Boroko 111 Port Moresby, National Capital District to submit your application and related documents.
• By Post or Email: You can send your application and all required documents via postal service or courier service to the Papua New Guinea Intellectual Property Office (IPOPNG) at P.O Box 5053, Boroko 111 Port Moresby, National Capital District.

Time to register a trademark in PNG

• Processing Time: Trademark registration is a relatively long process, which can take at least 9 months to complete and receive the Registration Certificate.
• Appraisal Report: The applicant will receive his Application Appraisal Report for a period of 2 weeks to 1 month. This report indicates the status of the applicant’s application and may require additional information or correction of errors (if any).
• Progress updates: The PNG Intellectual Property Office (IPOPNG) will inform the applicant about the status of the applicant’s application in stages throughout the process.

Benefits after a trademark is successfully registered

Exclusive ownership: Upon approval of registration, the applicant will be issued a Trademark Certificate (a legal document) confirming the ownership and exclusive right to use the trademark.

Validity period: The registration of a trademark is valid for 10 years from the date of filing (date of registration). The applicant has the right to extend the validity of trademark registration for another 10 years after each 10-year period.

Control over trademark use: Trademark ownership allows the holder to control the use of his trademark. The applicant may prevent unauthorized use of the applicant’s trademark by others.

Commercial Agreement: The applicant may license others to use his trademark (trade rights) or transfer all ownership of the trademark to another party.

Trademark registration service at PNG of Viet An Law Firm

• Perform the search and notify customers in writing of the trademark search results at PNG;
• Draft the dossier and directly file and monitor the status of the trademark application filing on behalf of the trademark owner in PNG;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications at PNG;
• Support monitoring, representative to resolve objections and feedback with intellectual property representatives performing procedures at PNG.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a trademark application, please contact Viet An Law for the most effective support.