WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/PNG/T/1 
17 November 2005 
 (05-5419) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
  anglais/   inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
PAPUA NEW GUINEA 
  
 The present document reproduces the text
1 of the Trade Marks Act (Ch. 385), as notified by 
Papua New Guinea under Article 63.2 of th e Agreement (see document IP/N/1/PNG/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
PAPOUASIE-NOUVELLE-GUINÉE 
   Le présent document contient le texte
1 de la Loi sur les marques de fabrique ou de commerce 
(ch. 385), notifiée par la Papouasie-Nouvelle-Guinée au  titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/PNG/2).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
PAPUA NUEVA GUINEA 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Marcas de Fábrica o de 
Comercio (capítulo 385), que Papua Nueva Guinea ha notificado en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/PNG/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/PNG/T/1 
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INDEPENDENT STATE OF  PAPUA NEW GUINEA 
 
 
 
 
CHAPTER NO. 385 
 
 
Trade Marks Act  
 
 
    
 
     
 
    
 
     
  IP/N/1/PNG/T/1 
 Page 3 
 
 
  
INDEPENDENT STATE OF PAPUA NEW GUINEA. 
 
CHAPTER NO. 385. 
 
Trade Marks Act. 
 
ARRANGEMENT OF SECTIONS. 
  
PART I. - PRELIMINARY. 
 1. Interpretation - 
“assignment” “the commencement date” “the Court” 
“the expiration of the last registration” 
“goods” “limitations” “mark” “permitted use” “the Register” 
“registered proprietor” 
“registered trade mark” “registered user” “the Registrar” “this Act” 
“trade mark” 
“transmission” “word” 
2. Application to the State. 
PART II. - ADMINISTRATION. 
 3. Office of Registrar. 
4. Seal. 
5. Powers of Registrar. 
PART III. - THE REGISTER. 
 6. Register of Trade Marks. 7. Trusts not to be entered. 
8. Inspection. 
9. Certificates, etc. 10. Register, etc., to be evidence. 11. Alteration of Register. 12. Alteration of registered trade mark. 
13. Rectification of Register by Court. 
14. Non-use of trade mark. IP/N/1/PNG/T/1 
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 PART IV. - REGISTRABLE TRADE MARKS. 
 
15. Registrable trade marks: Part A. 16. Registrable trade marks: Part B. 17. Distinctiveness. 18. Coloured trade marks. 
19. Prohibited marks. 
20. Registration of certain marks may be refused. 21. Names of living persons or persons recently deceased. 
22. Trade marks to be registered for certain goods. 23. Disclaimers. 
24. Identical and similar marks. 
25. Rival claims to proprietorship. 26. Concurrent use. 27. Jointly owned trade marks. 28. Associated trade marks. 
29. Assignment of associated trade marks. 
30. Use of trade marks. 31. Series of trade marks. 
PART V. - APPLICATION FOR REGISTRATION. 
 32. Application for registration. 33. Acceptance or refusal of application. 
34. Division of application. 
35. Application where trade mark is to be used by assignee or registered user. 
36. Application to lapse on refusal. 37. Advertisement of acceptance. 38. Withdrawal of acceptance. 
PART VI. - OPPOSITION TO REGISTRATION. 
 39. Interpretation of Part VI. - 
“applicant” “notice of opposition” “opponent” 
40. Notice of opposition. 
41. Opposition may be referred to Court. 42. Security for costs. 43. Withdrawal of opposition. 
PART VII. - REGISTRATION AND EFFECT OF REGISTRATION. 
 44. Registration of trade mark. 
45. Date of registration. 
46. Duration of registration. 47. Words used as name or description of article or substance. 48. Powers of registered proprietors. 49. Rights given by registration.  IP/N/1/PNG/T/1 
 Page 5 
 
 
 50. Registration evidence of validity. 
51. Limitation on removal of trade mark. 52. Registration conclusive after 10 years. 53. Infringement of trade marks. 54. Infringement by breach of certain restrictions. 
55. Acts not constituting infringement. 
56. Relief in infringement actions. 57. Evidence to trade usage. 58. Jurisdiction of Court. 59. Passing off actions. 
PART VIII. - RENEWAL OF REGISTRATION. 
 60. Renewal of registration. 61. Procedure on expiry of registration. 62. Restoration of removed trade mark. 63. Status of un-renewed trade mark. 
PART IX. - REGISTERED USERS. 
 64. Registered users. 65. Expiration of registration of registered user. 66. Renewal of registration of registered user. 67. Variation, etc., of registration. 68. Cancellation of registration. 
69. Effect of permitted use. 
70. Infringement proceedings. 71. Rights not assignable. 72. Appeal. 
PART X. - ASSIGNMENT OF TRADE MARKS. 
 
73. Assignment and transmission of trade marks. 
74. Registration of assignment. 
PART XI. - PROTECTION OF TRADE MARKS. 
 75. Forgery, etc., of trade marks. 76. Selling, etc., of goods with false marks. 
77. Importing goods with false marks. 
78. Forfeiture of goods. 79. Aiding and abetting offences. 80. Forgery of trade mark. 81. When trade mark deemed applied. 
PART XII. - APPEALS. 
 
82. Powers of Court. 
83. Intervention by the Registrar. 84. Special cases. IP/N/1/PNG/T/1 
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 PART XIII. - MISCELLANEOUS. 
 
85. Use of trade mark for export trade. 86. Trade mark not deceptive in certain cases. 87. Disobedience to summons, etc., to  be treated as contempt of Court. 
88. Recovery of costs. 
89. Certificate of validity. 
90. Groundless threats. 91. Counter-claim by defendant. 92. Description of registered trade mark. 93. Fees. 
94. Extension of time. 
95. Costs of Registrar. 96. Address of registered proprietor or registered user. 97. Address for service. 98. Declaration by person under disability. 
99. Death of party to proceeding. 
100. Adaptation of classification. 101. Security for costs. 102. Service of orders on appeal. 103. Falsely representing registration of trade mark. 104. Regulations. 
PART XIV. - TRANSITIONAL. 
 105. Interpretation of Part XIV - 
“applicant to whom this Part applies” “application” “the Australian Act” 
“the Australian Register” 
“the relevant date” 
106. Priority given to certain applications.   IP/N/1/PNG/T/1 
Page 7 
  
INDEPENDENT STATE OF PAPUA NEW GUINEA. 
    
CHAPTER NO. 385. 
 
   
Trade Marks Act. 
 
  
Being an Act relating to trade marks. 
PART I. - PRELIMINARY. 
1. INTERPRETATION. 
(1) In this Act, unless the contrary intention appears - 
“assignment” means assignment by act to the parties concerned; 
“the commencement date” means - 
(a) as regards Section 104, Part XIV and the Act to th e extent that 
allows the operation of Part XIV - 18 October 1979; and  
(b) as regards the balanc e of the Act - 8 May 1980. 
“the Court” means the National Court; “the expiration of the last registration”, in  relation to a registered trade mark or 
to a registered user of a trade mar k, means the date of the expiration of 
- 
(a) the original registration of the trade mark; or 
(b) the original registration of the registered user, 
or the last renewal of that registration, as the case may 
be; 
“goods” includes services, and where goods are to be compared with services, 
or vice versa, the expression “of the same description as” is to be construed as “closely related to”; 
“limitations” means limitations of the right to the exclusive use of a trade mark 
given by the registration of the trade mark, including limitations of that 
right as to -  
(a) mode of use; or 
(b) use within a particular area within Papua New Guinea; 
or  
(c) use in relation to goods to  be exported to a marker 
outside Papua New Guinea; 
“mark” includes a device, brand, heading, label, ticket, name, signature, work, letter 
or numeral, or any combination of them; 
“permitted use”, in relation to a regist ered trade mark means the use of the 
trade mark by a registered user of the trade mark - IP/N/1/PNG/T/1 
Page 8  
 
 (a) in relation to goods - 
(i) with which he is connected  in the course of trade; 
and 
(ii) in respect to which the trade mark remains 
registered; and 
(iii) for which he is registered as a registered user; 
and 
(b) which complies with any condi tions or restrictions to 
which his registration is subject; 
“the Register” means the Register of Trade Marks established under Section 6; 
“registered proprietor”, in relation to a trade mark, means the person for the 
time being entered in the Register as proprietor of the trade mark; 
“registered trade mark” means a trade ma rk that is registered under this Act; 
“registered user” means a person who is registered as such under Section 64; 
“the Registrar” means the Registrar of  Trade Marks appointed under Section 3; 
“this Act” include s the regulations; 
“trade mark” means a mark used or proposed  to be used in relation to goods for the 
purpose of indication, or so as to indicat e, a connection in the course of trade 
between the goods and a person who has the right, either as proprietor or as 
registered user, to use the mark whether with or without an indication of the 
identify of that person; 
“transmission” means transmission by ope ration of law, devolution on the 
personal representative of a deceas ed person and any other mode of 
transfer not being assignment; 
“work” includes an abbreviation of a word. 
 (2) In this Act - 
(a) references to the use of a mark shall be construed as references to the 
use of a printed or other visual  representation of the mark; and 
(b) references to the use of a mark in relation to goods shall be construed 
as references to the use of the mark  on, or in physical or other relation 
to, goods. 
 (3) For the purposes of this Act, a trade mark shall b deemed to be deceptively 
similar to another trade mark if it so nearly rese mbles that other trade mark as to be likely to 
deceive or cause confusion. 
2. APPLICATION TO THE STATE. 
This Act binds the State. 
PART 11. - ADMINISTRATION. 
3. OFFICE OF REGISTRAR. 
(1) For the purposes of this Act, the Minister - 
(a) shall appoint a Registrar of Trade Marks; and 
(b) may appoint such Deputy Registrars of Trade Marks and other officers 
as he considers necessary. 
  IP/N/1/PNG/T/1 
 Page 9 
 
 
 (2) A Deputy Registrar of Trade Marks may, subject to  the directions of the 
Registrar, exercise any power or carry  out any function of the Registrar. 
 (3) The appointment of a Deputy Registra r of Trade Marks does not affect the 
exercise of a power or the performa nce of a function by the Registrar. 
4. SEAL. 
(1) The Registrar shall have and use as his se al of office a seal in such form as the 
Minister determines. 
 (2) In pursuance of his st atutory duties and functions, the Registrar may affix, or 
cause to be affixed, a facsimile of his signature which shall be deemed to be the signature of 
the Registrar. 
 (3) All courts, Judges and persons acting judi cially shall take ju dicial notice of - 
(a) a signature of any person who holds or  has held the office of Registrar, 
or Deputy Registrar and of  the fact that that person holds or has held 
that office; and 
(b) the seal of the Registrar. 
5. POWERS OF REGISTRAR. 
(1) The Registrar may, for the purposes of this Act - 
(a) summon witnesses; and 
(b) receive evidence on oath, whethe r orally or otherwise, and 
(c) require the production of doc uments or articles; and 
(d) award cost against a party to proceedings before him. 
 (2) The Registrar may, on such terms as to costs or otherwise as  he thinks just - 
(a) whether for the purpose of correcti ng a clerical erro r or an obvious 
mistake or otherwise - permit the am endment of an application for the 
registration of a trade mark, a no tice of opposition or other document 
lodged at his office; or  
(b) for the purpose of correcting a clerical error or an obvious mistake - 
amend an entry in the Register. 
 (3) An amendment of an application sha ll not be permitted under Subsection (2) if 
the amendment would substantially affect the iden tity of the trade mark as specified in the 
application before amendment. 
 (4) Where the Registrar is of the opinion that any document submitted to him - 
(a) contains any matter contrary to law; or 
(b) by reason of any omission or misdescription has not been duly 
completed; or 
(c) does not comply with the re quirements of this Act; or 
(d) contains any error, alteration or erasure, IP/N/1/PNG/T/1 
Page 10  
 
 he may refuse to receive or  register the document and request that the document be 
appropriately amended or completed or re-submitted, or that a fresh document be submitted in its place. 
PART III. - THE REGISTER. 
6. REGISTER OF TRADE MARKS. 
(1) The Registrar shall establish and maintain a Register of Trade Marks in which 
shall be entered particulars of all registered  trade marks and such other matters as are 
prescribed. 
 (2) The Register shall be divided into tw o parts, which shall be known as Part A 
and Part B respectively. 
7. TRUSTS NOT TO BE ENTERED. 
A notice of trust, express, implied or constr uctive, shall not be en tered in the Register 
or be received by the Registrar. 
8. INSPECTION. 
The Register shall be available for inspection by any person, on payment of the 
prescribed fee during such hours as the office of the Registrar is ope n for public business. 
9. CERTIFICATION. 
Subject to this Act, the Registrar may - 
(a) issue copies of or extracts from entrie s in the Register or other documents or 
publications in his office, certifi ed under his hand and seal; and 
(b) certify under his hand and seal that an entry, act, matter or thing required or 
authorised by or under this Act to be made  or done, or requir ed by this Act not 
to be done, has or has not been made or done, as the case may be. 
10. REGISTER, ETC., TO BE EVIDENCE. 
(1) The Register is evidence of all matters required or authorised by this Act to be 
entered in it. 
 (2) A certified copy or extract issued by the Registrar under Section 9 is evidence 
of the statements contai ned in the certificate. 
11. ALTERATION OF REGISTER. 
(1) The Registrar may, on application by th e registered proprietor, amend or alter 
the Register by -  
(a) correcting an error in the entry of  a trade mark in the Register; or 
(b) entering a change of name, address or description of the registered 
proprietor; 
(c) cancelling the entry of a trade mark in the Register; or  IP/N/1/PNG/T/1 
 Page 11 
 
 
 (d) amending the specification of the g oods in respect of which the trade 
mark is registered but so that the amendment does not in any way extend the rights given by the registration; or 
(e) entering a disclaimer or memorandum  relating to the trade mark that 
does not in any way extend the rights  given by the registration of the 
trade mark. 
 (2) A person who is aggrieved by the deci sion of the Registrar under this section 
may appeal to the Court. 
 (3) The Registrar may, on application by a registered user of a trade mark, correct 
an error, or enter a change, in the name, a ddress or description of the registered user. 
12. ALTERATION OF REGISTERED TRADE MARK. 
(1) The registered proprietor of a trade ma rk may apply to the Registrar for leave 
to alter the trade mark in a manner not substant ially affecting its identity and the Registrar 
may refuse the leave of grant it on such terms and subject to such conditions and limitations as he thinks fit. 
 (2) The Registrar may require an applicati on under this section to be advertised in 
such manner as is prescribed. 
 (3) Any person may, within the prescribed time, give notice to the Registrar of 
opposition to the application and shall serve a copy of such notice on the applicant. 
 (4) The Registrar may require the applican t or the opponent to appear before him 
and give evidence or further explanation in regard to the application or the opposition. 
 (5) The Registrar shall consider the application and the opposition (if any) and 
shall decide the matter. 
 (6) A person who is aggrieved by the deci sion of the Registrar under this section 
may appeal to the Court. 
 (7) Where leave to alter the trade mark is granted, the Registrar shall alter the 
Register accordingly and notice of  the alteration shall be adve rtised in such manner as is 
prescribed and the advertisement shall include a representation of the trade mark as altered 
unless such representation has al ready been advertised in such  manner in an advertisement 
under Subsection (2). 
13. RECTIFICATION OF REGISTER BY COURT. 
(1) Subject to this Act, the Court may, on the application of the Registrar or a 
person aggrieved, order the rectif ication of the Register by - 
(a) making an entry wrongly omitted to be made; or 
(b) deleting or amending an entry wrong ly made or wrongly remaining; or 
(c) inserting a condition or limitati on that ought to be inserted; or 
(d) correcting an error or defect. IP/N/1/PNG/T/1 
Page 12  
 
 (2) On the application of the Registrar or of a person aggrieved, the Court may 
make such order as it thinks fit for the purpos e of cancelling or varying a registration on the 
ground of failure to observe, or contraventi on of, a condition or limitation entered in the 
Register. 
 (3) The power to order rec tification of the Register conferred by this section 
includes power to order the remova l of a registration form Part A to Part B of the Register. 
 (4) The Register shall not make an app lication to the Cour t under this section 
unless he considers the a pplication is desirable in the public interest. 
 (5) Notice of an applicatio n under this section (other than an application by the 
Registrar) shall be given to the Registrar, who may appear and be heard, and shall appear if 
so directed by the Court. 
 (6) An office copy of an order made unde r this section sha ll be served on the 
Registrar who shall, on receipt of the order, take such steps as are necessary to give effect to 
the order. 
14. NON-USE OF TRADE MARK. 
(1) Subject to this Act, the Court may, on application by a person aggrieved, order 
that a trade mark be re moved from the Register in respect of any of the goods  in respect of 
which it is registered, on the ground - 
(a) that the trade mark wa s registered without an intention in good faith on 
the part of the applicant for regi stration that it should be used in 
relation to those goods by him or, if it was registered under Section 
35(1) by the corporation or registered  user concerned and that there has 
in fact been no use in good faith of the trade mark in relation to those 
goods by the registered proprietor or a registered user of the trade mark 
for the time being earlier than one month before the application; or  
(b) that, up to one month before the a pplication, a continuous period of not 
less than three years had elapsed during which the trade mark was a 
registered trade mark and during which there was no use in good faith 
of the trade mark in re lation to those goods by th e registered proprietor 
or a registered user of the trade mark for the time being. 
 (2) Except where an applicant has been permitted under Section 26 to register a 
substantially identical or deceptively similar tr ade mark in respect of the goods to which the 
application relates, or the Court is of the op inion that the applicant can properly be permitted 
to register such a trade mark, the Court may refuse an application made under Subsection (1) 
in relation to any goods if there has been befo re the relevant date or during the relevant 
period, as the case may be, use in good faith by the registered proprietor, or a registered user 
of the trade mark for the time being, in relation to goods of th e same description, being goods 
in respect of which the trade mark is registered. 
  IP/N/1/PNG/T/1 
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 (3) Where, in relation to goods in respect  of which a trade mark is registered - 
(a) the matters referred to in Subsection (1) (b) are shown as far as regards 
failure to use the trade mark in relation to goods to be sold, or 
otherwise traded in, in a particular place in Papua New Guinea (otherwise than for export from Pa pua New Guinea), or in relation to 
goods to be exported to a particular  market outside Papua New Guinea; 
and 
(b) a person has been permitted under Section 26 to register a substantially 
identical or deceptively similar tr ade mark in respect of those goods 
under a registration extending to use in  relation to goods to be sold, or 
otherwise traded in, in that place (o therwise than for export from Papua 
New Guinea), or in relation to goods to  be exported to that market, or 
the Court is of the opinion that that person might properly be permitted to register such a trade mark, 
the court may, on application by that person, direct  that the registration of the first-mentioned 
trade mark shall be subject to such conditions or limitations as the Court thinks proper for 
ensuring that the registration shall cease to exte nd to use of the trade mark in relation to 
goods to be sold, or otherwise traded in, in th at place (otherwise than for export from Papua 
New Guinea), or in relation to goods to be exported to that market. 
 (4) An applicant is not entitled to rely, for the purposes of Subsection (1) (b) or (3) 
on failure to use a trade mark if the failure  is shown to have been due to special 
circumstances in the trade and not to an inte ntion not to use or to abandon trade mark in 
relation to the goods to whic h the application relates. 
 
PART IV. - REGISTRABLE TRADE MARKS. 
 
15. REGISTRABLE TRADE MARKS:  PART A. 
(1) A trade mark is registrable in Part A of  the Register if it contains or consists 
of - 
(a) the name of a person represented in a special or particular manner; or 
(b) the signature of the applicant for re gistration or of so me predecessor in 
his business; or  
(c) an invented word; or 
(d) a word - 
(i) not having a direct reference to the character or quality of the 
goods in respect of which registration is sought; and 
(ii) not being, according to its or dinary meaning, a geographical 
name or a surname; or 
(e) any other distinctive mark. 
 (2) A name, signature or work (not being a name, signature or word specified in 
Subsection (1) (a), (b), (c)  or (d) is not registrable in Part A of the Register unless it is, by 
evidence, shown to be distinctive. 
 IP/N/1/PNG/T/1 
Page 14  
 
 (3) A trade mark may be registered in Part A of the Register in respect of any 
goods notwithstanding the registration of the trade mark, or of a part or parts of the trade 
mark, in Part B of the Register, in the name of the same person, in respect of the same or different goods. 
16. REGISTRABLE TRADE MARKS:  PART B. 
(1) A trade mark is registrable in Part B of th e Register if it is distinctive, or is not 
distinctive but is capable  of becoming distinctive, of goods in respect of which registration of 
the trade mark is sought and with which the app licant for registration is  or may be connected 
in the course of trade. 
 (2) A trade mark may be registered in Pa rt B of the Register in respect of any 
goods notwithstanding the registration of the trade mark, or of a part or parts of the trade 
mark, in Part A of the Register, in the name to the same person, in respect of the same or 
different goods. 
17. DISTINCTIVENESS. 
(1) For the purposes of this Act, a trade mark is not distinct ive of the goods of a 
person unless it is adapted to  distinguish goods with whic h that person is or may be 
connected in the course of trade from goods in respect of which not su ch connection subsists, 
either generally or, where the trade mark is sought  to be registered, or is  registered, subject to 
conditions or limitations in relation to use,  subject to those conditions or limitations. 
 (2) In determining whether a trade mark is  distinctive, regard may be had to the 
extent to which - 
(a) the trade mark is inherently ad apted so to distinguish; and  
(b) by reason of the use of the trade ma rk or of any other circumstances, 
the trade mark does so distinguish. 
 (3) Where - 
(a) an application for registration of a trade mark has been made by a 
person; and 
(b) before the date of the application the trade mark was used by a person 
other than the applicant under the c ontrol of, and with the consent and 
authority of, the applicant; and  
(c) an application has been made by th e applicant and that other person for 
registration of that other person as a registered user of the trade mark; 
and  
(d) the Registrar is satisfied that that other person is entitled to be 
registered as a registered user of  the trade mark immediately after 
registration of the trade mark, 
the Registrar may, for the purpose of determining whether the trade mark is distinctive of the 
goods of the applicant, treat use of the trade mark by that other person as equivalent to use of 
the trade mark by the applicant.    IP/N/1/PNG/T/1 
 Page 15 
 
 
 18. COLOURED TRADE MARKS. 
(1) A trade mark may be limited, in whole or in part, to one or more colours and in 
that case the fact that the trad e mark is so limited shall be taken into consideration for the 
purpose of determining whether th e trade mark is distinctive. 
 (2) In so far as a trade mark is registered  without limitation as to colour is shall be 
deemed to be registered for all colours. 
19. PROHIBITED MARKS. 
A mark - 
(a) the use of which would be likely to  deceive or cause confusion; or 
(b) the use of which would be contrary to law; or 
(c) which comprises or contains scandal ous or otherwise offensive matter; or 
(d) which would otherwise be not entitled to  protection in a court of justice,  
shall not be registered as a trade mark. 
20. REGISTRATION OF CERTAI N MARKS MAY BE REFUSED. 
(1) The Registrar may refuse to accept an application for the registration of a trade 
mark which contains or consists of any of the following marks or a mark so nearly resembling any of those marks as to be  likely to be taken for that mark: - 
(a) the word or words “Patent”, “Patented”, “By Royal Letters Patent”, 
“Registered”, “Registered Design”, “C opyright”, “To counterfeit this is 
a forgery”, or a word or words or sy mbol or symbols to the like effect; 
or 
(b) a representation of the Sovereign or  of a member of the Royal Family; 
or 
(c) a representation of - 
(i) the Royal Arms, crests, armorial bearings, insignia or devices; 
or 
(ii) any of the Royal crowns; or 
(iii) the national flag of a part of the Queen’s dominions; or 
(d) the word “Royal” or any other word, or any letters or device, likely to 
lead persons to think that the ap plicant has or has had Royal or 
Government patronage or authority; or 
(e) a representation of the Nationa l Flag, National Emblem, National 
Motto or National Seal or of the flag, emblem, motto or seal of a 
province; or 
(f) a representation of the flag or em blem of a city or town or local 
government body or of a statutory body or instrumentality in Papua 
New Guinea; or 
(g) a mark prescribed as being, for the purposes of this section, a 
prohibited mark. 
 
(2) The regulations may provide that a ma rk to which Subsection (1) applies (not 
being a registered trade mark or a mark in us e in good faith as trade mark) shall not be used 
as a trade mark or as a part of a trade mar k, either at all or without the consent of the 
Minister. IP/N/1/PNG/T/1 
Page 16  
 
 21. NAMES OF LIVING PERSONS OR  PERSONS RECENTLY DECEASED. 
(1) Where a person makes an application for registration of a trade mark which 
consists of or includes the name or a represen tation of a living person or of a person believed 
by the Registrar to be living, th e Registrar may require the app licant to furnish him with the 
consent of that person to the name or repres entation appearing on the trade mark before he 
proceeds with the registration of the trade mark. 
 (2) Where a person makes an application for registration of a trade mark which 
consists of or includes the name or a represen tation of a person recently dead, or of a person 
believed by the Registrar to be recently dea d, the Registrar may require the applicant to 
furnish him with the consent of the legal repres entative of the deceased person to the name or 
representation appearing on the tr ade mark before he proceeds with the registration of the 
trade mark. 
22. TRADE MARKS TO BE REGIS TERED FOR CERTAIN GOODS. 
(1) A trade mark shall be registered in re spect of any or all of the goods comprised 
in a prescribed class of goods. 
 (2) Where a question arises as to the class in which goods are comprised, that 
question shall be decided by the Registrar and the decision of th e Registrar is not subject to 
appeal and shall not be called in question in an  appeal or other proceedings under this Act. 
23. DISCLAIMERS. 
(1) Where a trade mark - 
(a) contains parts that ar e not separately registered in the name of the 
proprietor as trade marks, or are not the subject of separate applications by the proprietor for registra tion as trade marks; or 
(b) contains matter that is common to the trade or is otherwise not 
distinctive, 
the Registrar or the Court, in de ciding whether the trade mark may be registered or remain on 
the Register, may in his or its discretion require as a c ondition that the proprietor - 
(c) disclaim any right to the exclusive us e of any of those parts, or of that 
matter; or 
(d) make such other disclaimer as the Registrar or the Court considers to 
be proper for the purpose of defining the rights of th e proprietor under 
the registration. 
 (2) A disclaimer under Subsection (1) does not affect the rights of the proprietor 
of the trade mark that do not arise out of the registration of the trade mark. 
 
   IP/N/1/PNG/T/1 
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 24. IDENTICAL AND SIMILAR MARKS. 
(1) Subject to this Act, a trade mark is  not capable of regi stration by a person in 
respect of goods if it is substa ntially identical with or decep tively similar to a trade mark 
which is registered, or is the subject of an application for registration, by another person in 
respect of the same goods or of goods of the sa me description, unless th e date of registration 
of the first-mentioned trade mark is, or will be, earlier than the date of registration of the 
second-mentioned trade mark. 
 (2) The Registrar may defer acceptance of the application for registration of the 
trade mark first mentioned in Subsection (1) until the trade mark second mentioned in that subsection has been registered. 
25. RIVAL CLAIMS TO PROPRIETORSHIP. 
Where each of several persons claims to be the proprietor of a trade mark, the 
Registrar may refuse to accept an applicati on for registration by any of them until their 
respective rights have been determined by the Court. 
26. CONCURRENT USE. 
(1) In case of honest concurrent use or of other special circumstances which, in 
the opinion of the Registrar, make it proper to do so, the Registrar may permit the registration of trade marks which are substantially identical  or deceptively similar, or, but for the honest 
concurrent use or other special circumstances would be deceptively similar, for the same or 
different goods, by more than one proprietor subject to such conditions and limitations (if any) as the Registrar imposes. 
 (2) Where a person has, by himself or his predecessors in business, continuously 
used a trade mark before the use, of before the date of registration, whiche ver is the earlier, of 
another registered trade mark by the registered  proprietor of that other trade mark, by his 
predecessors in business or by a registered user  of that trade mark, the Registrar shall not 
refuse to register the first-mentioned trade ma rk by reason of the registration of that other 
trade mark. 
27. JOINTLY OWNED TRADE MARKS. 
(1) Where the relations between two or mo re persons interested in a trade mark 
are such that no one of them is entitled as between himself and the other or others to use the trade mark except - 
(a) on behalf of both or all of them; or 
(b) in relation to goods with which both or all of them are connected in the 
course of trade, 
those persons may be registered as joint proprietors of the trad e mark, and this Act has effect 
in relation to any rights of thos e persons to the use of the trade mark as if those rights were 
rights of a single person. 
 
(2) Subject to Subsection (1) this Act does  not authorise the re gistration of two or 
more persons who use a trade mark independently, or propose so to use it, as joint proprietors of the trade mark. IP/N/1/PNG/T/1 
Page 18  
 
 28. ASSOCIATED TRADE MARKS. 
(1) Where a trade mark which is registered, or is the subject of an application for 
registration, in respect of any goods - 
(a) is substantially identical with another trade mark which is registered, or 
is the subject of an application for registration, in the name of the same 
proprietor in respect of the same goods or goods of the same 
description; or 
(b) so nearly resembles such a trade ma rk as to be likely to deceive or 
cause confusion if used by a pe rson other than the proprietor, 
the Registrar may, at any time, require that the trade marks shall be entered in Register as 
associated trade marks. 
 (2) On application made by the registered  proprietor of two or  more associated 
trade marks, the Registrar may, if he is sa tisfied that there would be no likelihood of 
deception or confusion being caused, dissolve the association with respect  to one or more of 
those trade marks and ame nd the Register accordingly. 
 (3) A person who is aggrieved by the d ecision of the Registrar under Subsection 
(1) or (2), may appeal to the Court. 
29. ASSIGNMENT OF ASSOCIATED TRADE MARKS. 
Associated trade marks are assignable or  transmissible only as a whole and not 
separately, but. Subject to this Act, they shall for all other purposes be  deemed to have been 
registered as separate trade marks. 
30. USE OF TRADE MARKS. 
(1) Where, under this Act, use of a trad e mark is required to be proved for any 
purpose, the Registrar or the Court may, if and so far as he or it thinks right, accept use of an 
associated registered trade mark or of the trade mark with additions or alterations not 
substantially affecting the identity of the trade mark, as an equivalent for the use required to be proved. 
 (2) The use of the whole of a registered tr ade mark shall, for the purposes of this 
Act, be deemed to be also a use of any register ed trade mark, being a part of it, registered in 
the name of the same proprietor. 
31. SERIES OF TRADE MARKS. 
(1) Where a person, who claims to be the proprietor of several trade marks for the 
same goods or for goods of the same description w ithin a single class, seeks to register those 
trade marks and the trade marks, although they re semble each other in material particulars, 
differ in respect of - 
(a) statements or representations as to the goods in respect of which the 
trade marks are used or proposed to be used; or 
(b) statements or representations as to  number, price, quality or names of 
places; or  IP/N/1/PNG/T/1 
 Page 19 
 
 
 (c) other matter which is not distinctiv e and does not substantially affect 
the identity of the trade marks; or 
(d) colour, 
or in respect of any two or more of those ma tters, the trade marks may be registered as a 
series in one registration. 
 (2) All the trade marks in a series of  trade marks may be registered under 
Subsection (1) shall be deemed to be, and shal l be registered as, associated trade marks. 
PART V. - APPLICATIONS FOR REGISTRATION. 
32. APPLICATION FOR REGISTRATION. 
(1) A person who claims to be the proprie tor of a trade mark may apply to the 
Registrar in the prescribed manner for the registra tion of that trade make in Part A or Part B 
of the Register. 
 (2) An application under this section sha ll specify the goods in respect of which 
registration of the trade mark is sought. 
 (3) An application under this section sh all not be made in respect of goods 
comprised in more than one class. 
33. ACCEPTANCE OR REFUSAL OF APPLICATIONS. 
(1) The Registrar, if he is satisfied that - 
(a) the application complies with the requirements of this Act; and 
(b) the trade mark is capable of  registration under this Act; and 
(c) there is no other lawful ground of  objection to the application, 
may accept an application under Section 32 for regi stration of a trade mark either without 
conditions or limitations or subject to such conditions or limitations or subject to such 
conditions or limitations as he sees fit. 
 (2) If the Registrar is not satisfied that  the requirements of Subsection (1) have 
been complied with, he may - 
(a) refuse to accept the application altogether; or 
(b) require the application to be ame nded to his satisfaction so as to 
remove the grounds of objection within such time as he allows. 
 (3) An application shall not be amended under Subsection (2) in such a manner 
that the amendment would substantially aff ect the identity of the trade mark before 
amendment. 
 (4) Where the Registrar requires an app lication to be amended under Subsection 
(2) and the application is not amended within the time allowed, the Registrar may refuse to 
accept the application. 
 IP/N/1/PNG/T/1 
Page 20  
 
 (5) In the case of an application for regist ration of a trade mark in Part A of the 
Register, the Registrar may, with the consent of the applicant, instead of refusing to accept 
the application, treat the applicatio n as an application for registra tion in Part B of the Register 
and deal with the application accordingly. 
 
(6) Where, after the acceptance of an app lication for registration of a trade mark 
but before the registration of the trad e mark, the Registrar is satisfied - 
(a) that the application has been accepted in error; or 
(b) that, in the special circumstances of  the case, the trade mark should not 
be registered, or should be regi stered subject to conditions or 
limitations, or to addition al or different conditions  or limitations, or to 
additional or different conditions or limitations, 
he may withdraw the acceptance and proceed as if the application had not been accepted. 
 (7) An applicant who is aggrieve d by a decision of the Registrar - 
(a) to accept an application subject to such conditions and limitations as he 
sees fit under Subsection (1); or 
(b) to refuse an application under Subsection (2) (a), 
may appeal to the Court. 
 (8) The Registrar is entitled to appear a nd be heard on the hearing of the appeal 
and shall appear if so directed by the Court. 
34. DIVISION OF APPLICATION. 
(1) Where a part of a trade mark which is the subject of an application for 
registration is separately registrable as a trad e mark, the applicant may, before the application 
has been accepted or refused, make a further app lication for the registration of that part in 
respect of goods in relation to which th e first-mentioned application was made. 
 (2) A further application made under Subsec tion (1) shall, if the Registrar so 
directs, be deemed to have been  lodged on the date on the date on 
which the first-mentioned application was lodged. 
 (3) Where an application has been made fo r registration of a trade mark in respect 
of certain goods and, before the application ha s been accepted or refused, the applicant has 
made a further application for the registration of  that trade mark in respect of goods included 
in the description of goods in respect of which the first-men tioned application was made, the 
Registrar may direct that the further applicati on shall be deemed to have been lodged on the 
date on which the first-men tioned application was lodged. 
35. APPLICATION WHERE TRADE MARK IS  TO BE USED BY ASSIGNEE OR 
REGISTERED USER. 
(1) An application for the registration of  a trade mark may be accepted, and the 
trade mark may be registered, notwithstanding that the applicant does not use or propose to 
use the trade mark -  IP/N/1/PNG/T/1 
 Page 21 
 
 
 (a) where the Registrar is satisfied th at a corporation is about to be 
constituted and that the applicant inte nds to assign the trade mark to the 
corporation with a view to the use by  the corporation of the trade mark 
in relation to the goods in respect of  which registration is sought; or 
(b) where an application has been made for the registration of a person as a 
registered user of the trade mark a nd the Registrar is satisfied that - 
(i) the proprietor intends the trade ma rk to be used by that person 
in relation to those goods; and 
(ii) that person will be registered as a registered user of the trade 
mark immediately after registration of the trade mark. 
 (2) Where a trade mark is registered u nder Subsection (1) in  the name of an 
applicant who relies on an intention to assign  to a corporation, th en, unless within the 
prescribed or within such further period, not exceeding six months, as the Registrar allows, 
the corporation has been registered as the propr ietor of the trade mark in respect of the goods 
in respect of which the trade mark is registere d, the registration shall cease to have effect at 
the expiration of that period and the Regi strar shall amend the Register accordingly. 
36. APPLICATION TO LA PSE ON REFUSAL. 
Where the Registrar refuses to accept an a pplication for the registration of a trade 
mark he shall give written notice of the refusa l to the applicant and, subject to any appeal 
from the Registrar’s decision, the application shall lapse. 
37. ADVERTISEMENT OF ACCEPTANCE. 
(1) On acceptance of an application for the registration of a trade mark the 
Registrar shall give written notice of the acceptance to the applicant. 
 (2) The applicant shall cause the acceptan ce to be advertised in the prescribed 
manner. 
38. WITHDRAWAL OF APPLICATION. 
An applicant for the registration of a trad e mark may, at any time before the trade 
mark is registered, wi thdraw his application. 
PART VI. - OPPOSITION TO REGISTRATION. 
39. INTERPRETATION OF PART VI. 
In this Part, unless the c ontrary intention appears - 
“applicant” means a person who has made an application to the Registrar for 
the registration of a trade mark; 
“notice of opposition” means a notice given in accordance with Section 40(1); 
“opponent” means a person who has give n notice of opposition in accordance 
with Section 40(1). 
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 40. NOTICE OF OPPOSITION. 
(1) A person may, within three months af ter the date of advertisement of the 
acceptance of an application for th e registration of a trade mark, or within such further period 
as the Registrar, on application made to him within the first-mentioned period, allows, give 
notice to the Registrar in the prescribed manne r of opposition to the registration of the trade 
mark. 
 (2) The opponent shall serve a copy of th e notice of opposition on the applicant on 
or before the date on which the not ice is given to the Registrar. 
 (3) The applicant may, within three months after the date of service on him of the 
copy of notice of opposition, lodge with the Re gistrar in the prescribed manner a counter 
statement in support of his application. 
 (4) The applicant shall serv e a copy of the counter statement on the opponent on 
or before the date on which the not ice is given to the Registrar. 
 (5) The Registrar may require the opponent or the applicant to appear before him 
and give evidence of further explanation in respect of the opposition or the application. 
 (6) Subject to Section 41, the Registrar sh all, after the expira tion of a period of 
three months from the date on which the notice of opposition is given to him, or such further period, not exceeding three months, as the Registrar on the application of the opponent or the applicant allows, determine the opposition and decide - 
(a) to register the trade mark subject without conditions or limitations; or  
(b) to register the trade mark subject to  such conditions or limitations as he 
thinks fit; or 
(c) to refuse to register the trade mark. 
 (7) In determining the opposition the Regist rar may take into account a ground of 
objection whether relief on by the opponent or not. 
 (8) A person who is aggrieved by a decision of the Registrar under Subsection (6), 
may appeal to the Court. 
41. OPPOSITION MAY BE REFERRED TO COURT. 
(1) At any time after notice of opposition to the registration of a trade mark has 
been given to him the Registrar may, and on the application of both the opponent and the 
applicant shall, refer the matter to the Court for determination. 
 (2) In determining the opposition the Court may take into account a ground of 
objection whether relied on by the opponent or not. 
 (3) On determination of the opposition the Court may order - 
(a) that the trade mark may be register ed without conditions or limitations; or 
(b) that the trade mark may be registered subject to such conditions or limitations 
as it thinks fit; or 
(c) that registration of the trade mark be refused.  IP/N/1/PNG/T/1 
 Page 23 
 
 
 (4) An office copy of an order made unde r this section sha ll be served on the 
Registrar, who shall, on receipt of the order, take  such steps as are necessary to give effect to 
the order. 
42. SECURITY FOR COSTS. 
If a person giving notice of oppos ition does not reside in or  carry on business in the 
country the Court may order him to give security  for costs within a spec ified time, and if the 
order is not complied with the opposition shall lapse. 
43. WITHDRAWAL OF OPPOSITION. 
Opposition to the registration of a trade mark may be withdrawn by the opponent at 
any time before the opposition is determin ed by the Registrar or by the Court. 
 
 
PART VII. - REGISTRATION AND EFFECT OF REGISTRATION. 
44. REGISTRATION OF TRADE MARK. 
(1) Subject to Section 33(6), after the expiration of the period allowed under 
Section 40(1), if no notice of opposition to the re gistration of a trade mark has been given to 
the Registrar, or if such notice has been withdr awn, the Registrar shall register the trade mark 
in the appropriate part of the Register. 
 (2) Subject to Section 33(6), where noti ce of opposition to the registration of a 
trade mark is given to the Registrar in accordan ce with Section 40(1), and the decision of the 
Registrar or of the Court in determining th e opposition is that the trade mark should be 
registered, the Registrar shall, after expiratio n of the period allowe d for appeal from that 
decision, register the trade mark from that date. 
45. DATE OF REGISTRATION. 
Subject to this Act, on the registration of a trade mark the date of lodgement of the 
application for its registration with the Registrar shall be deemed to be the date of registration and the trade mark shall be deemed, for the purpos e of this Act, to have been a registered 
trade mark from that date. 
46. DURATION OF REGISTRATION. 
(1) The registration of a trade mark shall be for a period of 10 years. 
 (2) The registration of a trade mark ma y be renewed from time to time in 
accordance with this Act. 
 
  IP/N/1/PNG/T/1 
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 47. WORDS USED AS NAME OR DESCRIPTION OF ARTICLE OR 
SUBSTANCE. 
(1) Subject to this section, the registrati on of a trade mark doe s not become invalid 
by reason only of the use, after the date of th e registration, of a word or words which the 
trade mark contains or of which it consists, as  the name or description of an article or 
substance. 
 (2) Subsections (3), (4) and (5) have effect where - 
(a) there is well-known and establishe d use of a word as the name or 
description of an article or subs tance by a person or persons carrying 
on a trade in that article or substanc e, not being use in relation to goods 
connected in the course of trade with  the proprietor or a registered user 
of the trade mark; or 
(b) the article or substance was form erly manufactured under a patent, a 
period of two years or more after th e patent has ceased has elapsed, and 
the word is the only practicable name  or description of the article or 
substance. 
 (3) If the trade mark consists solely of that work, the registration of the trade 
mark, so far as regards registration in respect of  the article or substan ce or of any goods of the 
same description, shall be deemed for the pur poses of Section 13 to be an entry wrongly 
remaining in the Register. 
 (4) If the trade mark contains that word  and other matter, th e Court, in deciding 
whether the trade mark shall remain in the Regist er, so far as regards re gistration in respect of 
the article or substance or of any goods of the same descripti on, may, in the case of a decision 
in favour of the trade mark remaining in th e Register, require as  a condition that the 
proprietor shall disclaim any right to the exclusive use of that word in relation to that article or substance or to any goods of  the same description, but not such disclaimer affects any 
rights of the proprietor of the trade mark except such as arise out of the registration of the 
trade mark in respect of which the disclaimer is made. 
 (5) For the purposes of any other legal proceedings relating to the trade mark - 
(a) if the trade mark consists solely of that word - all rights of the 
registered proprietor to the excl usive use of the trade mark; or 
(b) if the trade mark contains that wo rd and other matter all rights of the 
registered proprietor to the exclusive use of that word, 
in relation to the article or substance or to a ny goods of the same description, shall be deemed 
to have ceased on the date at whic h the use mentioned in Subsection (2) (a) first became well-
known and established, or at th e expiration of the period of tw o year mentioned in Subsection 
(2)(b). 
48. POWERS OF REGISTERED PROPRIETORS. 
(1) Subject to this Act the registered propri etor of a trade mark has, subject to any 
rights appearing from the Regist er to be vested in some ot her person, power to assign the 
trade mark and to give good discharges for any consideration for the assignment. 
  IP/N/1/PNG/T/1 
 Page 25 
 
 
 (2) Equities in respect of a trade mark may be enforced in like manner as in 
respect of other personal property. 
49. RIGHTS GIVEN BY REGISTRATION. 
(1) Subject to this Act, the registration of a trade mark in Part A or Part B of the 
Register, if valid, gives to the registered proprie tor of the trade mark the right to the exclusive 
use of the trade mark in relatio n to the goods in respect of whic h the trade mark is registered 
and to obtain relief in respect of infringeme nt of the trade mark in the manner provided by 
this Act. 
 (2) The rights acquired by the registrati on of a trade mark are subject to any 
conditions or limitations to whic h the registration is subject. 
 (3) Where two or more persons are propri etors of registered trade marks, which 
are substantially identical or deceptively sim ilar, whether for the same or different goods, 
rights of exclusive use o either of those trade marks are not (except so far as their respective 
rights have been defined by the Registrar or a court) acquired by any one of those persons as 
against any other of those persons by registration of the trade marks but each of those persons 
has otherwise the same rights as against other persons (not being registered users) as he 
would have if he were the sole registered proprietor. 
50. REGISTRATION EVIDENCE OF VALIDITY. 
In legal proceedings relating to a register ed trade mark, including applications under 
Section 13, the original registra tion of the trade mark and the registration of any assignment 
or transmission of the trade mark  shall be deemed to be vali d unless the contrary is shown. 
51. LIMITATION ON REMOVAL OF TRADE MARK. 
In legal proceedings relating to a trade mark  registered in Part A of the Register 
including applications under Section 13 instituted after the expiration of three years from the date of registration, the trade ma rk shall not be removed from th e Register, or be held invalid 
on the ground that it was not a registrable trad e mark under Section 15, unless it is proved 
that it was not, at the commencement of the proceedings, distinctive of the goods of the 
registered proprietor. 
52. REGISTRATION CONCLUSIVE AFTER 10 YEARS. 
In legal proceedings relating to a trade mark  registered in Part A of the Register, 
including applications under Section 13, the orig inal registration of th e trade mark under this 
Act shall, after the expiration of 10 years from th e date of the original registration, be taken to 
be valid in all respects, unless it is shown - 
(a) that the original registra tion was obtained by fraud; or 
(b) that the trade mark offends agains t the provisions of Section 19; or 
(c) that the trade mark was not, at th e commencement of the proceedings, 
distinctive of the goods of the registered proprietor. 
 IP/N/1/PNG/T/1 
Page 26  
 
 53. INFRINGEMENT OF TRADE MARKS. 
(1) A registered trade mark is infringe d by a person who, not be ing the registered 
proprietor of the trade mark or a registered user of the trade mark using by way of permitted use, uses a mark which is substantially identi cal with, or deceptively similar to the trade 
mark, in the course of trade, in relation to goods in respect  of which the trade mark is 
registered. 
 (2) In an action for infringement of trade ma rk registered in Part B of the Register 
(not being an infringement o ccurring by reason of an act refe rred to in Section 54), an 
injunction or other relief shall not be granted to the plaintiff if the defendant establishes to the 
satisfaction of the Court that the use of the mark  of which the plaintiff complains is not likely 
to deceive or cause confusion or to be taken as  indicating a connection in the course of trade 
between the goods in respect of which the trad e mark is registered and a person having the 
right, either as registered proprietor or as registered user, to use the trade mark. 
54. INFRINGEMENT BY BREACH OF CERTAIN RESTRICTIONS. 
(1) In this section, references in relation to goods, to the registered proprietor, to a 
registered user and to the registration of tr ade mark shall be construed, respectively, as 
references to the registered proprietor of the trad e mark, to a registered user of the trade mark 
and to the registration of the trade mark, in respect of thos e goods, and “on” includes, in 
relation to goods, a reference to  physical relation to the goods. 
 (2) Where by notice on goods or on the container of goods, the registered 
proprietor or a registered user of a trade mark re gistered in Part A or Part B of the Register 
makes a statement prohibiting the doing of an act  to which this secti on applies, a person who, 
being the owner for the time being of the goods, does that act, or authorises it to be done in 
relation to the goods in the course  of trade or with a view to a dealing with the goods in the 
course of trade, infringes the trade mark unless - 
(a) at the time when that person agreed  to buy the goods he acted in good 
faith without notice that the statement appeared on the goods; or 
(b) he became the owner of the goods by virtue of a title derived from 
another person who had so agreed to buy the goods. 
 (3) The acts to which this section applies are - 
(a) the application of the trade marks on goods after they have suffered 
alteration to their state, c ondition, get-up or packing; and 
(b) in a case in which the trade mark is  on the goods and there is also other 
matter on the goods, being matter indicat ing a connection in the course 
of trade between the proprietor or re gistered user a nd the goods - the 
removal or obliteration (w hether wholly or partially), of the trade mark 
unless that other matter is who lly removed or obliterated; and 
(c) in a case in which the trade mark is on the goods - 
(i) the alteration, partial removal or partial obliteration of the trade 
mark; and 
(ii) the application of some othe r trade mark to the goods; and 
(iii) the addition to the goods of other matter, in writing or 
otherwise, that is likely to injure the reputation of the trade mark.  IP/N/1/PNG/T/1 
 Page 27 
 
 
 55. ACTS NOT CONSTITUTING INFRINGEMENT. 
(1) Notwithstanding anything in this Act, the following acts do not constitute an 
infringement of a trade mark: - 
(a) the use in good faith by a person of his own name or the name of his 
place of business, or the name, or the name of the place of business of any of his predecessors in business; and  
(b) the use in good faith by a person of a description of the character or 
quality of his goods; and 
(c) the use by a person of a trade mark  in relation to goods in relation to 
which that person has, by himself or his predecessors in business, 
continuously used the trade mark from a date before - (i) the use of the registered trade mark by the registered proprietor, 
by his predecessors in business or  by a registered user of the 
trade mark; or 
(ii) the registration of the trade mark,  
whichever is the earlier; and 
(d) the use of the trade mark by a pe rson in relation to  goods adapted to 
form part of, or to be accessory t o, other goods in relation to which the 
trade mark has been used without in fringement or might for the being 
be so used, if the use of the trade is reasonably necessa ry in order to 
indicate that the goods are so adap ted, and neither the purpose nor the 
effect of the use of that trade mark  is to indicate, otherwise than in 
accordance with the facts, a connecti on in the course of trade between 
any person and the goods; and 
(e) the use of a trade mark, being one of two or more registered trade 
marks, which are substantially identical  in exercise of the right to the 
use of that trade mark give by registration as provided by this Act. 
 (2) Where a trade mark is registered subj ect to conditions or limitations, the trade 
mark is not infringed by the us e of the trade mark in any manne r in relation to  goods to be 
sold or otherwise traded in in a place, in relation to goods to be exported to a market, or in 
any other circumstances, to which, having re gard to those conditions  or limitations, the 
registration does not extend. 
56. RELIEF IN INFRINGEMENT ACTIONS. 
The relief which a Court may grant in an action or proceeding for infringement of a 
registered trade mark includes an injunction, subj ect to such terms (if any) as the Court thinks 
fit, and, at the option of th e plaintiff, either damages or an account of profits. 
57. EVIDENCE OF TRADE USAGE. 
In an action or proceeding relating to a trade mark, evidence is admissible of the 
usages of the trade concerned and of any relevant trade mark, trade name or get-up 
legitimately used by other persons. 
 
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Page 28  
 
 58. JURISDICTION OF COURT. 
Jurisdiction is, by this secti on, conferred on the Court to hear and determine an action 
or proceeding for the infringement of a trade ma rk, but this section does not deprive another 
court of jurisdiction which it possesses to hear  and determine such an action or proceeding. 
59. PASSING OFF ACTIONS. 
In an action for passing off arising out of th e use by the defendant of a registered trade 
mark of which he is the registered proprieto r or a registered user, being a trade mark 
substantially identical with, or deceptively simila r to, the trade mark of the plaintiff, damages 
shall not be awarded against the defe ndant if he satisfies the court - 
(a) that at the time he commenced to use the trade mark he was unaware 
and had no reasonable means of as certaining that the trade of the 
plaintiff was in use; and 
(b) that when he became aware of the existence and nature of the 
plaintiff’s trade mark he immediatel y ceased to use the trade mark in 
relation to goods in relation to wh ich it was used by the plaintiff. 
PART VIII. - RENEWAL OF REGISTRATION. 
60. RENEWAL OF REGISTRATION. 
Subject to this Act, the Registrar shall, on application in the prescribed manner by the 
registered proprietor, renew the registration of  trade mark for a further period of 10 years 
from the expiration of the last registration of that trade mark. 
61. PROCEDURE ON EXPIRY OF REGISTRATION. 
(1) At the prescribed time before the expi ration of the registra tion of a trade mark 
the Registrar shall send notice to the registered proprietor  of the date on which the 
registration will expire and the conditions as to  payment of fees and otherwise on which the 
renewal of the registration may be obtained. 
 (2) If, at the expiration of the prescribed time the conditions referred to in 
Subsection (1) have not been complied with, th e Registrar may remove the trade mark from 
the Register. 
62. RESTORATION OF RE MOVED TRADE MARK. 
(1) Where a trade mark has been removed from the Register under Section 61(2) 
the Registrar may within 12 months of the date of  expiration of the registration of that trade 
mark, if he is satisfied that it is just to do so , restore the trade mark to the Register and renew 
its registration, either generally or subject to such conditions or limitations as he sees fit to 
impose, for a further period of 10 years from  the expiration of the last registration. 
(2) A person who is aggrieved by a decisi on of the Registrar under Subsection (1) 
may appeal to the Court. 
 (3) Section 95 does not apply in  relation to Subsection (1). 
  IP/N/1/PNG/T/1 
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 63. STATUS OF UN-RENEWED TRADE MARK. 
Where a trade mark has been removed from the Register under Section 61(2) the trade 
mark shall, for the purpose of an application for registration by another person, for a period of 
12 months next after the expiration of the last registration, be deemed to be a trade mark 
which is already registered, unl ess it is shown to the satisfact ion of the Registrar that - 
(a) there has been no use in good faith of the trade mark during the two 
years immediately preceding the expira tion of the last registration; or 
(b) no deception or confusion would be likely t arise from the use of the 
trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed. 
PART IX. - REGISTERED USERS. 
64. REGISTERED USERS. 
(1) Subject to this section, a person other than the regi stered proprietor of a trade 
mark may be registered as a registered user of  that trade mark for all or any of the goods in 
respect of which the trad e mark is registered. 
 (2) An application for the registration of a person as the registered user of a trade 
mark shall be made to the Registrar in the pr escribed manner by the registered proprietor of 
the trade mark and the proposed registered user and shall be accompanied by such further 
documents, information or evidence as is requi red under the regulations or by the Registrar. 
 (3) Subject to this Act, where the requirements of Subsection (2) have been 
complied with, the Registrar may register the propos ed registered user as a registered user of 
the trade mark for all or any of the goods in respect of whic h the application is made and 
subject such conditions or restrictions as the Regi strar thinks appropriate. 
 (4) The Registrar may refuse to register a person as a registered user of a trade 
mark for all or any of the goods in respect of which an application is made if, in his opinion, 
such registration would be contrary to the public interest. 
 (5) The Registrar shall not register a person as a registered user of a trade mark if 
it appears to him that the regist ration would tend to facilitate trafficking in the trade mark. 
 (6) The Registrar may determine that the registration of a person as a registered 
user of a trade mark shall be for such period as, having regard to the information supplied to 
him, he thinks fit, but such period shall not extend beyond the date  of expiration of the 
current period of registration of the trade mark. 
 (7) The Registrar may determine that, on the registration of a person as a 
registered user of a trade mark, the period of  the registration shall be deemed to have 
commenced on the date on which the application for the registration was lodged with the 
Registrar, and that person shall be deemed to ha ve been a registered user of the trade mark 
from that date. 
 IP/N/1/PNG/T/1 
Page 30  
 
 (8) The Registrar shall, if so required by an applicant under Subsection (2), ensure 
that any document, information or evidence furnished for the purpose of that application, other than matter entered in the Register, is not disclosed to any other person except by order of the Court. 
65. EXPIRATION OF REGISTRATION OF REGISTERED USER. 
Subject to Section 67(1) (b) the registration of a person as a registered user of a trade 
mark shall expire on the date of expiration of th e registration of the trade mark or such earlier 
date as may be determined by th e Registrar under Section 64(6). 
66. RENEWAL OF REGISTRATION OF REGISTERED USER. 
(1) The registration of a person as register ed user of a trade mark may be renewed 
from time to time in accordance with this Act. 
 (2) At the prescribed time before the expi ration of the registration of a person as a 
registered user of a trade mark, the Registrar sh all send notice to the registered user and to the 
registered proprietor of the trade mark of the date on which the registration will expire and the conditions as to payment of fees or otherw ise on which renewal of th e registration may be 
obtained. 
 (3) If the conditions referre d to in Subsection (2) are complied with the Registrar 
may renew the registration for such period as he thinks fit commencing from the date of 
expiration of the last registration, but th e period shall not extend beyond the date of 
expiration of the current period of  registration of the trade mark. 
 (4) Where a trade mark that has been removed from the Register under Section 
61(2) is restored to the Register under Section 62, the registration of a person as a registered 
user of that trade mark may be  renewed under this section as of  the date of expiration of the 
last registration. 
67. VARIATION, ETC., OF REGISTRATION. 
(1) Without affecting the operation of Sec tion 13, the registration of a person as a 
registered user - 
(a) may be varied by the Registrar, on  the application of the registered 
proprietor and the registered user, with respect to the goods for which, 
or any conditions or restrictions s ubject to which, the registration has 
effect; or 
(b) may be extended by the Registrar, on  the application of the registered 
proprietor and the registered user, for such period not exceeding three 
years, as the Registrar thinks fit, but such period shall not extend beyond the date of expiration of the current registration of the trade 
mark; or 
(c) may be cancelled by the Registrar on the application of the registered 
proprietor or of the registered user; or 
(d) may be cancelled by the Registrar on  the application of a person on the 
ground -  IP/N/1/PNG/T/1 
 Page 31 
 
 
 (i) that the registered user has used the trade mark otherwise when 
by way of the permitted use, or in such a way as to cause, or to be likely to cause, decep tion or confusion; or 
(ii) that the registered proprie tor or the registered user 
misrepresented, or failed to disclose, some fact material to the application for the registration or  that the circumstances have 
materially changed since the da te of the registration; of 
(iii) that the registration ought not to  have been effected having 
regard to rights versed in the a pplicant by virtue of a contract in 
the performance of which he is interested. 
 (2) An application under this  section shall be made in  the prescribed manner and 
shall be accompanied by such further documents, information or evidence as is required under the regulations or by the Registrar. 
 (3) The Registrar may, instead of determ ining an application under Subsection 
(1)(d) refer the application to the Court and the Court shall hear and determine the 
application. 
 (4) An office copy of an order of the Court made under Subsection (3) shall be 
served on the Registrar, who shall, on receipt of the order, take such steps as are necessary to 
give effect to the order. 
68. CANCELLATION OF REGISTRATION. 
The Registrar shall cancel the registration of a person as a registered user of a trade 
mark for any goods in respect of which the trade mark is no longer registered. 
69. EFFECT OF PERMITTED USE. 
(1) The permitted use of a registered trad e mark shall be deemed to be use by the 
registered proprietor of the trade mark and shal l be deemed not to be use by a person other 
than the registered proprietor for the purpos es of Section 14 and for any other purpose for 
which use by the registered proprietor of th e trade mark is material under this Act. 
 (2) Where - 
(a) a person is registered as a regist ered user of a trade mark; and  
(b) there has been previous use (whether before or after the 
commencement of this Act) of th e trade mark by that person; and 
(c) that use is in relation to goods in  respect of which that person is 
registered and, where he is regi stered subject to conditions or 
restrictions - (i) that use complied substantially with those conditions or 
restrictions; or  
(ii) did not so comply but was not su c h  a s  t o  b e  c o n t r a r y  t o  t h e  
public interest, 
Subsection (1) has effect as if that previous use had been permitted use. 
 IP/N/1/PNG/T/1 
Page 32  
 
 (3) The registration of a person as a regist ered user of a trade mark, or the use by 
that person of the trade mark as a registered user, does not prejudice an y of the rights arising 
at common law of the person who is the re gistered proprietor of the trade mark. 
 (4) For the purpose of determining the ri ghts arising at common law of the person 
who is the registered proprietor of a trade mark, the use of the trade mark by a registered user 
shall be deemed to be use by that person and sh all be deemed not to be use by a person other 
than that person. 
70. INFRINGEMENT PROCEEDINGS. 
(1) Subject to any agreement subsisting between the registered user of a trade 
mark and the registered proprietor of that trade mark, the registered user is entitled to call on 
the registered proprietor to take proceedings fo r infringement of the trade mark, and, if the 
registered proprietor refuses or neglects to do so within two m onths after being so called on, 
the registered user may institute proceedings for infringement in his own name as if he were the registered proprietor and shall make the registered proprietor a defendant. 
 (2) A registered proprietor added as a de fendant under Subsection (1) is not liable 
for costs unless he enters an appearance and takes part in the proceedings. 
71. RIGHTS NOT ASSIGNABLE. 
This Part does not confer on the registered  user of a trade mark an assignable or 
transmissible right to us e of that trade mark. 
72. APPEAL. 
A person who is aggrieved by a decision of the Registrar under this Part may appeal 
to the Court. 
 
PART X - ASSIGNMENT OF TRADE MARKS 
73. ASSIGNMENT AND TRANSMISSION OF TRADE MARK. 
(1) Subject to this section, a registered trade mark ma y be assigned or transmitted 
with or without the goodwill of the business concerned in the goods in respect of which the 
trade mark is registered or of some of those goods. 
 (2) Subject to Subsections (3), (4) and (5) an assignment of a registered trade 
mark without goodwill is invalid if - 
(a) the trade mark was not at any time in use in good faith in Papua New 
Guinea by the assignor or his predecessor in title; or 
(b) a substantially identical or deceptiv ely similar trade mark continue to 
be used by the assignor, after the a ssignment in relation to other goods, 
where - (i) there exists a connection in th e course of trade between those 
goods and the assignor; and 
(ii) those goods are - 
(A) of the same description as those in respect of which the 
trade mark has been assigned; or  IP/N/1/PNG/T/1 
 Page 33 
 
 
 (B) of such a description that the public is likely to be 
deceived by the use of the trade mark by the assignor and assignee on their respective goods. 
 (3) Subsection (2) (a) does not apply where - 
(a) the trade mark was registered with  the intention that is should be 
assigned to a corporation to be form ed and the trade mark has been so 
assigned; or 
(b) the trade mark was registered with the intention that a person should be 
permitted to use it as a registered user and a registered user has been registered in respect of the trade mark within six months after the registration of the trade mark and ha s used the trade mark within that 
period. 
 (4) An assignment of a trade mark is not invalid if, at the date of the institution of 
proceedings in which the validity of the assignment is called in question, the trade mark has come to denote to the public a connection in the course of trade between the goods and the 
assignee to the exclusion of all other persons or, if the registra tion is limited to a particular 
area, to the exclusion of all other pe rsons within that particular area. 
 (5) An assignment of a trade mark shall not be held to be invalid except in 
proceedings instituted within three years after the registration of the assignment. 
 (6) If goods bearing a registered trade mark  are purchased or acq uired by a person, 
the sale of or other dealing in those goods by that person, or  by a person claiming under or 
through him, is not an infringeme nt of the trade mark by reason only of the trade mark having 
been assigned by the registered proprietor to  some other person after the purchase or 
acquisition of those goods. 
 (7) All rights subsisting in a trade mark  (being a registered trade mark) whether 
under this Act or otherwise, shall be deemed  to be assigned on the registration of the 
assignment of the trade mark. 
74. REGISTRATION OF ASSIGNMENT. 
(1) Where a person becomes entitled by assi gnment or transmission to a registered 
trade mark, he shall make application in the pres cribed manner to the Re gistrar to register his 
title, and the Registrar shall, on receipt of the application and of proof of title to his 
satisfaction register that person  as the proprietor of the trade mark in respect of goods in 
respect of which the assignment or transmissi on has effect and cause particulars of the 
assignment or transmission to be entered in the Register. 
 
(2) A person who is aggrieved by a decisi on of the Registrar under Subsection (1) 
may appeal to the Court. 
 (3) Except in the case of an appeal under this section or of an application under 
Section 13, a document or instru ment in respect of which no entry has been made in the 
Register in accordance with Subsection (1) is  not, unless the Court otherwise directs, 
admissible in evidence in a court in proof of a title to a registered trade mark. IP/N/1/PNG/T/1 
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 PART XI. - PROTECTION OF TRADE MARKS. 
75. FORGERY, ETC., OF TRADE MARKS. 
(1) A person who - 
(a) forges a registered trade mark; or 
(b) falsely applies a registered trade mark to goods; or 
(c) makes a die, block, machine or inst rument for the pur pose of forging, 
or of being used for forging, a registered trade mark; or 
(d) disposes of or has in his possession a die, block, machine or instrument 
for the purpose of forging, or of being used for forging, a registered trade mark, 
is guilty of an offence. 
 
Penalty: A fine not exceeding K2,000.00 or imprisonment for a term not 
exceeding three years
1. 
 (2) It is a defence in proceedings for an offence against Subsection (1) if the 
defendant proves that he acted  without intent to defraud. 
76. SELLING, ETC., OF GOODS WITH FALSE MARKS. 
(1) A person who sells or exposes for sale, or has in his possession for sale or for 
the purpose of trade or manufact ure, goods to which a forgery of a registered trade mark is 
applied or to which a registered trade mark is falsely applied, is guilty of an offence. 
 
Penalty: A fine not exceeding K500.00
1. 
 (2) It is a defence in proceedings for an offence against Subsection (1) if the 
defendant proves that he acted  without intent to defraud. 
77. IMPORTING GOODS WITH FALSE MARKS. 
A person who knowingly imports into the country goods to which a forgery of a 
registered trade mark is applied or to which a registered trade mark is falsely applied, is 
guilty of an offence. 
 
Penalty: A fine not exceeding K500.00
1. 
78. FORFEITURE OF GOODS. 
A person convicted of an offence against Se ction 75, 76 or 77 is liable, in addition to 
the punishment provided by those sections to fo rfeit to the State all goods by means of which, 
or in relation to which, the offence was committed. 
 
   IP/N/1/PNG/T/1 
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 79. AIDING AND ABETTING OFFENCES. 
(1) A person who aids, abets, counsels or pr ocures, or is in any way, directly or 
indirectly, knowingly concerned in or party to the commission of an act outside Papua New 
Guinea which if it were committed in Papua New Guinea, would be an offence against this Act, is guilty of an offence. 
 
Penalty: A fine not exceeding K500.00. 
 (2) Subsection (1) does not affect th e operation of the Criminal Code. 
80. FORGERY OF TRADE MARK. 
(1) A person shall be deemed to forge a registered trade mark - 
(a) if, without the assent of the register ed proprietor of the trade mark or of 
a registered user of the trade mark, or the authority of this Act, he 
makes the trade mark or a mark s ubstantially identical with it; or 
(b) if he falsifies a registered trade mark, whether by alteration, addition, 
effacement or otherwise. 
 (2) In a prosecution for forging a trade ma rk, the burden of proving the assent of 
the registered proprietor or regist ered user lies on the defendant. 
81. WHEN TRADE MARK DEEMED APPLIED. 
(1) For the purposes of this section - 
“covering” includes a stopper, glass, bottle, vessel, box, capsule, case, frame or 
wrapper; 
“label” includes a band or ticket.  (2) A trade mark shall be deemed to be applied to goods if it is woven in, 
impressed on, worked, into, or annexed or affixed to, the goods. 
 (3) A trade mark shall be deemed to be applied to goods where - 
(a) it is applied to the goods themselves; or 
(b) it is applied to a covering, label, re el or thing in or with which the 
goods are sold or exposed or had in  possession for a purpose of trade or 
manufacture; or 
(c) it is used in a manner likely to lead to the belief that it refers to or 
describes or designates the goods; or 
(d) it is used in a sign, advertisem ent, invoice, wine list, catalogue, 
business letter, business paper, price list or ot her commercial document 
and goods are delivered to a person in  pursuance of a request or order 
made by reference to the trade mark as so used. 
 
(4) A registered trade mark shall be deem ed to be falsely applied to goods if, 
without the assent of the register ed proprietor of the trade mark or  of a registered user of the 
trade mark or the authority of this Act, the trad e mark or a mark substantially identical with it 
is applied to the goods. 
 IP/N/1/PNG/T/1 
Page 36  
 
 (5) In a prosecution for falsely applying a registered trade mark to goods, the 
burden of proving the assent of the registered proprie tor or a registered  user lies on the 
defendant. 
 
PART XII. - APPEALS. 
82. POWERS OF COURT. 
On the hearing of an appeal under this Act, the Court may - 
(a) admit further evidence, either orally  or on affidavit or otherwise; and  
(b) permit the examination and cross-ex amination of witnesses, including 
witnesses who gave evidence orally or on affidavit or otherwise to the Registrar; and 
(c) order an issue of fact  to be tried in such manner at it directs; and 
(d) affirm, reverse or modify the de cision, determination or direction 
appealed from; and 
(e) give such judgement, or make such or der, as in all the circumstances it 
thinks fit, or refuse to make an order; and 
(f) order a party to pay costs to another party. 
83. INTERVENTION BY THE REGISTRAR. 
The Court may grant to the Registrar leave to intervene in an appeal. 
84. SPECIAL CASES. 
The Court may state a case or reserve a ques tion for the consideration of the Supreme 
Court, or may direct that a case or ques tion be argued before the Supreme Court. 
PART XIII. - MISCELLANEOUS. 
85. USE OF TRADE MARK FOR EXPORT TRADE. 
(1) The application in Papua New Guinea of  a trade mark to goods to be exported 
from Papua New Guinea and any other act done in Papua New Guinea in relation to goods to 
be so exported which, if done in  relation to goods to be sold or otherwise traded in within 
Papua New Guinea, would constitute use of a trade mark in Papua New Guinea, shall, for the purposes of this Act, be deemed to constitute use of the trade mark in relation to those goods. 
 (2) Subsection (1) shall be deemed to have  had effect in rela tion to an act done 
before the commencement date as it has effect in relation to an act done after that date, but 
does not affect a determine of a court which has been made before that date or the 
determination of an appeal from a determination so made. 
86. TRADE MARK NOT DECEPTIVE IN CERTAIN CASES. 
The use of a registered trade mark in rela tion to goods, between which and the person 
using the trade mark a form of connection in the course of trad e subsists, shall not be deemed 
to be likely to cause deception or confusion on the ground only that the trade mark has been, or is, used in relation to goods between which a nd that person or a predecessor in title of that 
person, a different form of connection in th e course of trade subsisted or subsists.  IP/N/1/PNG/T/1 
 Page 37 
 
 
 87. DISOBEDIENCE TO SUMMONS, ETC ., TO BE TREATED AS CONTEMPT 
OF COURT. 
(1) Where - 
(a) a person fails to appear in obedience  to a summons of the Registrar, or 
to produce a document or article in accordance with a requirement of 
the Registrar; or 
(b) a person who appears before the Registrar as a witness refuses to be 
sworn or to make an affirmation, or  to produce a document or article or 
to answer a question which he is  lawfully required to produce or 
answer, 
the Registrar may certify the failure or refusal under his hand to the Court. 
 (2) Where the Registrar gives a certifi cate under Subsection (1 ), the Court may 
enquire into the case and - 
(a) order the person to comply with the requirement of the Registrar within 
such period as is fixed by the Court; or 
(b) where the Court is satisfied that the failure or refusal was without 
lawful excuse - punish the person in like manner as if he had been 
guilty of contempt of the Court, and, if it sees fit, also make an order under Paragraph (a). 
88. RECOVERY OF COSTS. 
Costs awarded by the Registrar may, in default of payment, be recovered in a court of 
competent jurisdiction as a debt due by the person against whom the costs were awarded to the person in whose favour they were awarded. 
89. CERTIFICATE OF VALIDITY. 
In an action or proceeding in which the valid ity of the registration of a trade mark is 
unsuccessfully disputed, the Court may certify that  the validity of the registration of the trade 
mark came in question and, if the Court so certifies, then, in a subsequent action or 
proceeding in which the validity of the regist ration of the trade mark is disputed, the 
registered proprietor of the trade mark, on obtai ning a final order or judgement in his favour, 
is entitled, unless the court trying the action or proceeding otherwise directs, to have his full 
costs, charges, and expenses as between solicitor and client. 
90. GROUNDLESS THREATS. 
(1) Where a person, by means of circulars, advertisements or otherwise, threatens 
a person with an action or proceeding for infringe ment of a trade mark which is registered, or 
alleged by the first-mentioned person to be registered, or some other like proceeding, a 
person aggrieved may, whether the person making the threats is or is not the registered 
proprietor or the registered user of the trade mark - 
(a) bring any action against the first-mentioned person; and 
(b) obtain a declaration to effect that  the treats are unjustifiable and an 
injunction against the conti nuance of the threats; and 
(c) recover such damages (if any) as he has sustained, IP/N/1/PNG/T/1 
Page 38  
 
 unless the first-mentioned person satisfies the cour t that the trade mark is registered and that 
the acts in respect of which the proceedings we re threatened constitute, or, if done, would 
constitute, an infringement of the trade mark. 
 (2) Subsection (1) does not apply if the regi stered proprietor of the trade mark, or 
a registered user acting in pursuance of Section 70(1) with due diligence commences and prosecutes an action against the person threat ened for infringement of the trade mark. 
 (3) This section does not render a lawyer li able to an action un der this section in 
respect of an act done by him in his prof essional capacity on behalf of a client. 
 (4) Jurisdiction is, by this se ction, conferred on the Court to hear and determine an 
action under this section, but this section does not deprive another court of jurisdiction which 
it possesses to hear and de termine such an action. 
91. COUNTER-CLAIM BY DEFENDANT. 
The defendant in an action or proceedi ng under Section 90 may apply, by way of 
counter-claim, for relief to which he would be en titled in a separate ac tion in respect of an 
infringement by the plaintiff of the trade mark to  which the threats relate and in that case the 
provisions of this Act with respect to an action for infringement of a trade mark are, with the 
necessary modifications, applicab le in relation to that action. 
92. DESCRIPTION OF REGI STERED TRADE MARK. 
In an indictment, information, pleading or pr oceeding in relation to  a registered trade 
mark, it is not necessary to set out a copy or facs imile of the trade mark or a description of it, 
but the trade mark may be referred to as a registered trade mark  and identified by its 
registered number. 
93. FEES. 
(1) There shall be paid to the Regi strar such fees as are prescribed. 
 (2) Where - 
(a) a fee is payable in respect of the doi ng of an act by the Registrar - the 
Registrar shall not do that act unt il the fee has been paid; or 
(b) a fee is payable in respect of th e doing of an act by a person other 
than the Registrar - th e act shall be deemed not to have been done 
until the fee has been paid; or 
(c) a fee is payable in respect of  the lodging of a document - the 
document shall be deemed not to ha ve been lodged until the fee has 
been paid. 
94. EXTENSION OF TIME. 
Where, by this Act, a time is specified with in which an act or thing is to be done, the 
Registrar may, unless otherwise expressly provided, extend the time either before or after its 
expiration. 
  IP/N/1/PNG/T/1 
 Page 39 
 
 
 95. COSTS OF REGISTRAR1. 
In all proceedings before a court under this Act the costs of the Registrar shall be in 
the discretion of the court but the Registrar sha ll not be ordered to pay the costs of any other 
of the parties. 
96. ADDRESS OF REGISTERED PROP RIETOR OR REGISTERED USER. 
(1) The address of the registered proprieto r and the address of any registered user 
of a trade mark, as appearing for the time bein g in the Register, shal l for all purposes under 
this Act be deemed to be the address of the regi stered proprietor or the registered user, as the 
case may be. 
 (2) The registered proprietor and each regist ered user of a trade mark shall from 
time to time notify the Registrar in writing of any change in his address and the Registrar 
shall alter the Register accordingly. 
97. ADDRESS FOR SERVICE. 
(1) Notwithstanding Section 96 the register ed proprietor and each registered user 
of a trade mark shall have an address for service, being an address in Papua New Guinea at 
which documents under this Act may be served on him personally or on a person specified by him on his behalf, which shall be entered in the Register. 
 (2) The registered proprietor and each regist ered user of a trade mark shall from 
time to time notify the Registrar in writing of a ny change in his address for service and the 
Registrar shall alter th e Register accordingly. 
 (3) In addition to any other method of serv ice provided for by or under this Act or 
any other law, a document may be served on a regi stered proprietor or a registered user of a 
trade mark by leaving it at, or sending it by post to, the address for service of the registered 
proprietor or the registered user, as th e case may be, notified in the Register. 
(4) An address for service stated in an application or notice of opposition shall, for 
the purposes of the application or notice of opposition be deemed to be the address of the 
applicant or the opponent, as the case may be, a nd all documents in rela tion to the application 
or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applican t or the opponent, as the case may be. 
98. DECLARATION BY PERSON UNDER DISABILITY. 
If a person is by reason of infancy, lunacy or other disability, incapable of making a 
declaration or doing anything required or permitted by this Act, the guardian or committee of the incapable person, or if there is no such guardian or committee, a person appointed by a 
court possessing jurisdiction in respect of the pr operty of incapable pers ons, on the petition of 
a person on behalf of the incapable person or of  some other person interested in the making 
of the declaration or the doing of the thing, may make the declaration (or a declaration as 
nearly corresponding to the declar ation as the circumstances perm it) and may do that thing, in 
the name and on behalf of the incapable person and all acts so done are, for the purposes for 
this Act, as effectually done as if they had been done by the incapable person and that person 
had not been incapable at the time of the maki ng of the declaration or  the doing o the thing. IP/N/1/PNG/T/1 
Page 40  
 
 99. DEATH OF PARTY TO PROCEEDING. 
If a person who is party to a proceeding unde r this Act (not bei ng a proceeding in a 
court) dies pending the proceeding, the Registrar may - 
(a) on request, and on proof to his sati sfaction of the transmission of the 
interest of the deceased person - substitute in the proceeding his 
successor in interest in his place; or 
(b) if he is of opinion that the interest of the deceased person is sufficiently 
represented by the surviving parties - permit the proceeding to continue 
without the substitution of his successor in interest. 
100. ADAPTATION OF CLASSIFICATION. 
(1) The regulations may make provision for the amendment of the Register, 
whether by making, expunging or varying entries in the Register, for the purpose of adapting 
the designation in the Register of the goods or classes of goods  in respect of which trade 
marks are registered to any amended or substituted classification of goods which is 
prescribed. 
 (2) An amendment for the purpose referred to in Subsection (1) shall not be made 
if it would have the effect of adding goods or classes of goods to those in respect of which a 
trade mark is registered (whether in one or more classes) immediately before the amendment 
is to be made, or of antedating the regist ration of a trade mark in respect of goods. 
 (3) Subsection (2) does not have effect in relation to goods as to which the 
Registrar is satisfied - 
(a) that compliance with that subsecti on in relation to those goods would 
involve undue complexity; and 
(b) that the addition or antedating, as the case may be, would not affect a 
substantial quantity of goods and woul d not substantially prejudice the 
right of any person. 
 (4) A proposal for the amendment of the Register for the purpose referred to in 
Subsection (1) - 
(a) shall be notified to the registered proprietor of the trade mark affected; 
and 
(b) shall be advertised in such manner as is prescribed; and 
(c) may be opposed before the Registrar by a person aggrieved on the 
ground that the proposed amendment c ontravenes the provisions of this 
section. 
 (5) A person who is aggrieved by decision of  the Registrar under  this section may 
appeal to the Court. 
101. SECURITY FOR COSTS. 
Where a person who appeals to the Court under this Act does  not reside or carry on 
business in Papua New Guinea, the Court may re quire that person to give security for the 
costs of the appeal, and in defaul t of security being gi ven to the satisfaction of the Court, the 
appeal may be dismissed.  IP/N/1/PNG/T/1 
 Page 41 
 
 
 102. SERVICE OF ORDERS ON APPEAL. 
(1) Where by this Act provision is made  for the service on the Registrar of a 
judgement or order of a court, and an order is made by a cour t on appeal from the judgement 
or order, a person in whose favour the order on a ppeal is made is not entitled to enforce the 
order until he has served on the Regi strar an office copy of the order. 
 (2) On the service on him of an order, under Subsection (1), the Registrar shall 
make such entries (if any) in the Register, or  take such other action (if any), as the case 
requires. 
103. FALSELY REPRESENTING RE GISTRATION OF TRADE MARK. 
(1) For the purposes of this section, the use in Papua New Guinea, in relation to a 
trade mark, of the word “registered”, or of so me other word referri ng whether expressly or 
impliedly to registration, shall be deemed to im port a reference to regi stration under this Act, 
except - 
(a) where that word is used in phys ical association with other words 
delineated in characters at least as la rge as those in which that word is 
delineated, and indicating that the re ference is to registration as a trade 
mark under the law of a country outside Papua New Guinea, being a country under the law of which the re gistration referred to is in force; 
or 
(b) where that word (being a word other than the word “registered”) is of 
itself such as to indicate that the re ference is to such registration as is 
referred to in Paragraph (a); or 
(c) where that word is used in relation to a mark registered as a trade mark 
under the law of a country outside Pa pua New Guinea and in relation to 
goods to be exported to that country. 
 (2) A person who makes a repres entation to the effect - 
(a) with respect to a mark, not being a re gistered trade mark - that it is a 
registered trade mark; or 
(b) with respect to a part  of a registered trade mark, not being a part 
separately registered as a trade ma rk - that it is so registered; or 
(c) that a registered trade mark is regi stered in respect of  goods in respect 
of which it is not registered; or 
(d) that the registration of a trade mark gives a right to the exclusive use of 
the trade mark in circumstances in which, having rega rd to conditions 
or limitations entered on the Register , the registration does not give that 
right,  
is guilty of an offence. 
 
Penalty: A fine not exceeding K200.00. 
 
 IP/N/1/PNG/T/1 
Page 42  
 
 104. REGULATIONS. 
The Head of State, acting on advice, may make  regulations, not inco nsistent with this 
Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving eff ect to this Act, or 
for the conduct of any business relating to the office of the Re gistrar, and in particular - 
(a) for providing for the destruction of documents relating to trade marks 
the registration of which has ceased; and 
PART XIV. - TRANSITIONAL. 
105. INTERPRETATION OF PART XIV. 
(1) In this Part - 
“applicant to whom this Part applies” in relation to an application means the 
proprietor of a trade mark - 
(a) who applies to the Registrar for the registration of that 
trade mark within a peri od of 12 months from the 
commencement date, and 
(b) who shows to the satisfaction of the Registrar that he 
was - (i) on the relevant date, the registered proprietor; or 
(ii) on the relevant date or subsequent to the relevant 
date and before the commencement date the successor in title of the registered proprietor, 
of that trade mark in and for Papua New Guinea in respect of the same goods to which his application relate s by virtue of the registration in 
Part A or Part B of the Aust ralian Register at that date; 
“application” means an application for the registration of a trade mark under 
this Act; 
“the Australian Act” means the Trade Marks Act  1955  of Australia; 
“the Australian Register” means the Regi ster of Trade Marks kept at the Trade 
Marks Office under the Trade Marks Act  1955  of Australia; 
“the relevant date” means 15 September 1975.  
(2) For the purposes of this Part, a person is deemed not to have been registered in 
the Australian Register as the re gistered proprietor of a trade mark in respect of any goods at 
the relevant date if his regist ration as such in respect of th ose goods was not entered in the 
Australian Register at that date, notwithsta nding that, by virtue of the provisions of the 
Australian Act, he may be deemed by that Act to have been so registered by that date in 
consequence of an entry made in the Australian Register after that date. 
 (3) Where, on the relevant date, a firm or partnership was regist ered in Part A or 
Part B or the Australian Register as the propr ietor of a trade mark, all the persons who were 
on that date the proprietors of the firm or the members of the partnership shall be deemed, for 
the purposes of this Part, to have been registered  jointly as the proprietors of the trade mark in 
the Australian Register at that date. 
  IP/N/1/PNG/T/1 
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 106. PRIORITY GIVEN TO CERTAIN APPLICATIONS. 
(1) Notwithstanding any provision of this Act - 
(a) where an application is made by an a pplicant to whom this Part applies, 
the Registrar shall give priority to th e registration of the trade mark, the 
subject of that application, ove r that of any applicant for the 
registration of a substantially identical or deceptively similar trade mark in respect of the same goods or goods of the same description who is not applicant to whom  this Part applies; and 
(b) on acceptance of an application made by an applicant to whom this Part 
applies, the Registrar may register the trade mark in the appropriate Part of the Register without advertisement of the acceptance of the 
application and the provisions of  Part VI do not apply to the 
application. 
 (2) Subsection (1) applies to an applicat ion only where the rights of the applicant 
in respect of the trade mark would, as a conseq uence of the registration of the trade mark, in 
no way extend beyond the rights held by the applican t in respect of that trade mark in Papua 
New Guinea on the relevant date. 
 (3) The Registrar may defer acceptance of any application made by a person who 
is not an applicant to whom this Part applie s until after the expira tion of a period of 12 
months from the commencement date, or he  may accept the applica tion and determine any 
opposition to the application within that period, but may defer registration of the trade mark 
until after the expiration of that period. 
 (4) Subject to Subsection (5) and (6), all trade marks registered in accordance with 
this section shall be deemed to have  been registered from 16 September 1975. 
 (5) Notwithstanding the provisions of S ubsection (4) no action for infringement 
of, or passing off a trade mark registered under this section shall lie in  respect of the period 
from 16 September 1975 to the day before the commencement date. 
 (6) The provisions of Subsection (5) do not  derogate from or affect any common 
law rights. 
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