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Trade Marks
Fifty questions and answers on the Trade Marks Act (Chapter 385) - what a trade mark is, what can and cannot be registered, how to apply, opposition, what registration gives you, infringement, assignment, and how a mark is lost.
A trade mark is the sign that tells a customer where goods or services come from. In Papua New Guinea trade marks are governed by the Trade Marks Act (Chapter 385), which establishes a Register, sets out what may be registered and on what conditions, and gives the registered proprietor the exclusive right to use the mark for the goods it is registered for. Unregistered marks are not without protection - but the protection is different, harder to prove, and generally more expensive to enforce.
Jump to a subject
12 questions and answers, grouped by subject.
- What a trade mark is — 2 questions
- Applying for registration — 1 question
- What registration gives you — 2 questions
- Infringement and enforcement — 5 questions
- Dealings, alteration and loss of a mark — 2 questions
What a trade mark is
What a trade mark is and does, the Register, the Registrar, and the difference between a registered and an unregistered mark.
What Does the Trade Marks Act Cover?
An overview of the PNG Trade Marks Act (Chapter 385): its fourteen Parts, the key definitions, what a trade mark is, and how registered and unregistered marks are protected.
Read the answer → No. 6What Is the Difference Between Part A and Part B of the Register?
Part A and Part B of the PNG Register of Trade Marks compared — sections 15, 16, 33(5), 49, 51, 52 and 53(2) of the Trade Marks Act (Chapter 385).
Read the answer →Applying for registration
How to apply, classification of goods, examination, acceptance, advertisement, opposition, and registration.
What registration gives you
The exclusive right, evidence of validity, associated marks, disclaimers, alteration, renewal and restoration.
How Do I Renew a Trade Mark?
Sections 46, 60 and 61 of the PNG Trade Marks Act (Chapter 385): the 10-year term, renewal, the Registrar’s expiry notice, and removal for failure to renew.
Read the answer → No. 30What Happens if I Miss My Trade Mark Renewal?
Sections 62 and 63 of the PNG Trade Marks Act (Chapter 385): restoration of a removed trade mark, and the status of an un-renewed mark against later applicants.
Read the answer →Infringement and enforcement
What counts as infringement, defences, remedies, passing off, groundless threats, and the criminal offences in Part XI.
What Is Trade Mark Infringement?
Section 53 of the PNG Trade Marks Act (Chapter 385): the elements of infringement, the deceptive similarity test, and the special defence available against a Part B mark.
Read the answer → No. 34Can I Remove or Alter a Trade Mark on Goods I Own?
Section 54 of the PNG Trade Marks Act (Chapter 385): infringement by breach of restrictions, the notice requirement, the acts caught, and the good faith purchaser exception.
Read the answer → No. 36What Remedies Can I Get for Trade Mark Infringement?
Sections 56, 57, 58, 89 and 92 of the PNG Trade Marks Act (Chapter 385): relief in infringement actions, evidence of trade usage, jurisdiction, certificates of validity and pleading.
Read the answer → No. 37What Is Passing Off?
Passing off in Papua New Guinea: the three elements, how it differs from statutory infringement, and the effect of section 59 of the Trade Marks Act (Chapter 385).
Read the answer → No. 39What Are the Criminal Offences for Trade Mark Forgery?
Sections 75, 76, 80 and 81 of the PNG Trade Marks Act (Chapter 385): forgery of a trade mark, false application, the deeming provisions, penalties, and the burden of proof.
Read the answer →Dealings, alteration and loss of a mark
Assignment and transmission, registered users and licensing, alteration and correction of the Register, non-use removal, and rectification.
What Are the Rights of a Registered User?
Sections 69, 70 and 71 of the PNG Trade Marks Act (Chapter 385): the effect of permitted use, previous use by the user, common law rights of the proprietor, infringement proceedings, and the bar on assignment.
Read the answer → No. 47How Can a Trade Mark Be Removed for Non-Use?
Section 14 of the PNG Trade Marks Act (Chapter 385): the two non-use grounds, the goods of the same description answer, place and export limitations, and special circumstances in the trade.
Read the answer →Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.