Trademarks Law in Papua New Guinea
Sure! Here's an overview of trademark law in Papua New Guinea (PNG):
Trademark Law in Papua New Guinea
1. Legal Framework
Trademark protection is governed by the Trade Marks Act 1997.
The Intellectual Property Office of Papua New Guinea (IPOPNG) administers trademark registrations.
PNG is a member of international treaties including:
The Paris Convention
The TRIPS Agreement
The Madrid Protocol (acceded in 2021)
2. Definition of a Trademark
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of another.
This includes words, logos, shapes, colors, sounds, and other distinctive signs.
3. Registration Process
Applications are filed with IPOPNG.
The process includes:
Formal examination for completeness.
Substantive examination to check for conflicts and distinctiveness.
Publication in the IPOPNG journal for opposition (usually 2 months).
Registration if no opposition or after successful opposition resolution.
4. Duration and Renewal
Trademark registrations are valid for 10 years from the date of filing.
They can be renewed indefinitely for further 10-year periods upon payment of renewal fees.
5. Rights Conferred
Exclusive rights to use the trademark on registered goods/services.
Rights to prevent unauthorized use or imitation.
Rights to assign, license, or transfer the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use or confusingly similar use of a registered trademark.
Enforcement actions are pursued through the courts.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
7. International Registration
Papua New Guinea is a member of the Madrid Protocol, allowing trademark owners to seek protection in PNG through international applications.
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