- Trade Marks Regulations
- PART I.—FEES, FORMS, DOCUMENTS, CLASSIFICATION
- PART II.—AMENDMENT, ALTERATION OF REGISTER
- PART III.—PROHIBITED MARKS, ASSOCIATION
- PART IV.—APPLICATION FOR REGISTRATION
- PART V.—OPPOSITION TO REGISTRATION
- PART VI.—REGISTRATION AND RENEWAL
- PART VII.—REGISTERED USERS
- PART VIII.—ASSIGNMENT
- PART IX.—PRACTICE AND PROCEDURE IN OPPOSITION CASES
- 21. Interpretation of Part IX
- 22. Application of Part IX
- 23. Opponent's evidence in support
- 24. Applicant's evidence in answer
- 25. Opponent's evidence in reply
- 26. Statement if declarations in reply not to be lodged
- 27. Further evidence to be by leave or special leave
- 28. Procedure where special leave granted
- 29. Fixing time and place for hearing
- 30. Hearing
- 31. Notification of Registrar's decision
- 32. Costs
- PART X.—PRACTICE AND PROCEDURE IN CASES OTHER THAN OPPOSITION CASES
- PART Xl.—FORMAL REQUIREMENTS IN RELATION TO EVIDENCE
- PART XII.—MISCELLANEOUS
- 37. Office hours
- 38. Translations
- 39. Execution of documents
- 40. Requirements as to agency
- 41. Time within which applications for extensions of time are to be lodged
- 42. Where requirement cannot be complied with
- 43. Certification of copies
- 44. Address for service
- 45. Notification of service
- 46. Reasons for decision
- 47. Destruction of documents
- 48. Directions or action by the Registrar not otherwise prescribed
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3
- SCHEDULE 4
- SCHEDULE 5
INDEPENDENT STATE OF PAPUA NEW GUINEA.
CHAPTER No. 385.
Trade Marks Regulation.
PART I.—FEES, FORMS, DOCUMENTS, CLASSIFICATION.
1. Fees.
The fees payable under the Act are as specified in Schedule 4.
2. Error in Office of Registrar.
Item 1 of Schedule 4 does not apply to a correction necessitated solely by error or omission in the Office of the Registrar.
3. Preparation and lodgement of documents.
Where a document received at the Office of the Registrar is not in accordance with whichever of the forms specified in Schedule 1 is applicable or does not comply with the requirements specified in Schedule 2, he may—
(a) treat the document as not having been lodged at the Office; or
(b) treat the document as having been so lodged, but require the applicant to make such alterations as are necessary; or
(c) return the document to the applicant with a statement indicating the requirements which have not been complied with.
4. Classification of goods.
Each of the Classes of Goods specified in Schedule 3 is a prescribed class of goods for the purposes of Section 22(1) of the Act.
PART II.—AMENDMENT, ALTERATION OF REGISTER.
5. Application to amend or alter Register.
An application under Section 11(1) or (3) of the Act shall be in Form 2.
6. Application to alter registered trade mark.
(1) An application under Section 12(1) of the Act shall be in Form 3.
(2) The prescribed time for the purposes of Section 12(3) of the Act is three months from the date of advertisement of the application.
(3) A notice of opposition shall be in Form 5.
(4) The person giving notice of opposition shall serve a copy of the notice on the applicant on or before the date of giving notice and shall indicate this fact in Form 5.
PART III.—PROHIBITED MARKS, ASSOCIATION.
7. Prohibited marks.
(1) Each of the marks specified in Schedule 5 is a prohibited mark.
(2) A mark specified in Schedule 5, not being a mark in use in good faith as a trade mark, shall not be used as a trade mark or part of a trade mark after 1 November 1979.
8. Dissolution of associated marks.
An application under Section 28(2) of the Act shall be in writing and shall contain a statement setting out the grounds on which the applicant relies.
PART IV.—APPLICATION FOR REGISTRATION.
9. Application for registration of trade mark.
(1) An application under Section 32(1) of the Act shall be in Form 4 and shall be submitted together with eight representations of the trade mark each measuring, unless otherwise allowed, 80mm x 60mm.
(2) One copy of the representations referred to in Subsection (1) shall be fixed in the space provided for that purpose in the application form and the other seven copies attached to the form, except that—
(a) where the trademark is in ordinary Roman typescript—the copy that is required to be fixed in the space in the form, may, instead of being so fixed, be typed or printed in that space; or
(b) where by virtue of the nature of the trademark, the representations can only be conveniently reproduced in a larger size—the representations shall be mounted or printed on linen or other suitable material and attached to the form.
(3) The Registrar may, if he considers that a representation of a trade mark is on or mounted on material which will not, in the course of time, preserve the features of the trade mark, require the applicant to furnish a further representation of the trade mark mounted on a material specified by the Registrar.
(4) The Registrar may at any time before registration of the trade mark require further representations of the trade mark to be lodged.
(5) The prescribed period for the purposes of Section 35(2) of the Act is the period of six months after the date on which notification of the registration of the trade mark is advertised in the National Gazette.
(6) In the case of an application relying on Section 35(1)(b) of the Act, the applicant shall—
(a) attach an application for registration of a registered user to the first-mentioned application; or
(b) lodge an application for registration of a registered user within three months from the date of the first-mentioned application.
(7) In the case of an application under Part XIV. of the Act, the application shall indicate—
(a) the number of the registration in Australia on which it is based; and
(b) the proprietorship of the registration on 15 September, 1975; and
(c) the existence of any conditions or restrictions relevant to Section 106(2) of the Act,
and shall, subject to Subsection (8), be accompanied by an extract from the Australian Register of Trade Marks, certified by the Australian Registrar, or his delegate, evidencing the matters referred to in this subsection.
(8) The Registrar may allow an extension of time of three months from the date of lodgement of the application for lodging the extract from the Australian Register under Subsection (7).
10. Registrar may issue notice that application be amended, etc.
By virtue of Sections 33 and 104 of the Act, the Registrar may issue a notice to the applicant requiring that the application be amended to his satisfaction so as to remove specified grounds of objection within a period of six months from the date of the notice or within such further period, not exceeding three months, as the Registrar allows, otherwise the Registrar may refuse to accept the application.
11. Advertisement of acceptance.
(1) For the purposes of Section 37(2) of the Act the prescribed manner is authorization of the Registrar by the applicant to advertise the acceptance in a journal approved by the Minister by notice in the National Gazette.
(2) The Registrar may require the applicant to furnish to him such material as he requires.
PART V.—OPPOSITION TO REGISTRATION.
12. Notice of opposition.
A notice of opposition under Section 40 of the Act shall be in Form 5.
PART VI.—REGISTRATION AND RENEWAL.
13. Registration to be notified.
The Registrar shall, as soon as practicable after the registration of a trade mark—
(a) publish a notification of the registration in a journal approved by the Minister by notice in the National Gazette; and
(b) forward to the registered proprietor a certificate of registration in Form 1.
14. Application for renewal.
(1) An application for renewal under Section 60 of the Act shall be made within the period of six months which ends on the date of the expiration of the last registration of the trade mark and shall be in Form 6.
(2) Where the trade mark is used at the date of application for renewal in an altered form, the applicant for renewal shall attach an application for amendment under Section 10.
15. Registrar to send note of expiration of registration.
The Registrar shall, under Section 61 of the Act, send to the registered proprietor of a Trade Mark notification of the date of the expiration of that registration six months before that date.
PART VII.—REGISTERED USERS.
16. Registered users.
An application for registration as a registered user of a trade mark under Section 64(2) of the Act shall be in Form 7.
17. Application for renewal of registered user.
(1) An application under Section 66 of the Act shall be made by the registered proprietor in Form 8.
(2) The registered proprietor shall give notice in accordance with Section 45 of the application for renewal to the registered user.
(3) For the purposes of Section 66(2) of the Act the prescribed time is six months.
18. Application for variation or extension: Registered user.
An application for the variation or extension of the registration of a registered user of a trade mark under Section 67(1)(a) or (b) of the Act shall be made, by the registered proprietor and the registered user, in Form 9.
19. Application for cancellation of registered user.
(1) An application for cancellation under Section 67(1)(c) or (d) of the Act shall be in Form 10.
(2) The applicant shall give notice, in accordance with Section 45, of the application for cancellation to the registered proprietor and registered user.
PART VIII.—ASSIGNMENT.
20. Registration of Assignment.
An application for registration of an assignment under Section 74(1) of the Act shall be in Form 11.
PART IX.—PRACTICE AND PROCEDURE IN OPPOSITION CASES.
21. Interpretation of Part IX.
(1) In this Part—
"applicant" means a person who has made the request or application in respect of which a person has given a notice of opposition;
"counter-statement" means a short formal statement indicating the intention of the applicant to resist the opposition and continue the application;
"notice of opposition" means a notice of opposition in relation to which this Regulation applies;
"opponent" means a person who has lodged a notice of opposition.
(2) In this Part a requirement that a person is to lodge declarations, or to serve copies of declarations, on which he relies in support of, or in answer to, an opposition shall, in a case in which it is not practicable to include in, or annex to, a declaration any material on which the person relies, be construed as including a requirement that the person is to lodge that material or serve copies of that material, as the context requires.
22. Application of Part IX.
This Part applies where a notice of opposition has been given under the Act.
23. Opponent's evidence in support.
An opponent shall—
(a) serve on the applicant, within three months after the notice of opposition has been lodged at the Office of the Registrar, a copy of each of the declarations on which he relies in support of his opposition; and
(b) within 21 days after the copies of the declarations have been served—lodge the declarations at the Office of the Registrar with a written statement indicating the place at which, and the date on which, the copies of the declarations were served.
24. Applicant's evidence in answer.
An applicant shall—
(a) serve on the opponent, within three months after the date on which the declarations of the opponent were served, a copy of each of the declarations on which he relies in answer to the opposition; and
(b) within 21 days after the copies of the declarations are served—lodge the declarations at the Office of the Registrar with a written statement indicating—
(i) the place at which, and the date on which, the copies of the declarations of the opponent were served on him; and
(ii) the place at which, and the date on which, the copies of his declarations were served on the opponent.
25. Opponent's evidence in reply.
An opponent—
(a) may serve on the applicant, within three months after the date on which the copies of the declarations of the applicant were served on him, a copy of each of the declarations on which he relies in reply to the declarations of the applicant; and
(b) shall, within 21 days after the copies of the declarations are served—lodge the declarations at the Office of the Registrar with a written statement indicating the place at which, and the date on which, the copies of the declarations were served.
26. Statement if declarations in reply not to be lodged.
Where an opponent does not intend to reply to the applicant's declarations within the time specified in Section 25, the opponent shall lodge at the Office of the Registrar a written notice to that effect and, if a notice is so lodged, serve a copy on the applicant.
27. Further evidence to be by leave or special leave.
(1) An opponent or applicant may not adduce further evidence except—
(a) by leave of the Registrar, if the parties agree in writing to further evidence being adduced; or
(b) by special leave of the Registrar granted on an application made for that purpose.
(2) An application for special leave under Subsection (1)(b) shall, unless it is made at the hearing, be in writing.
(3) The person making the application shall lodge with the application a declaration setting out the grounds on which the application is made and the nature of the further evidence which it is desired to lodge.