Australia's intellectual property agency tells PNG's rugby league franchise that its chosen name, the Chiefs, risks being confused with the name of a Super Rugby club.
Papua New Guinea's NRL franchise has been told its brand is too similar to the Super Rugby club, The Chiefs.the government agency that administers rights to trademarks, is yet to be persuaded that the PNG club's brand is clearly distinct from that of the Super Rugby Chiefs, who play out of Hamilton in New Zealand.
So far, the NRL has received three adverse reports in response to the PNG club's trademark applications, with IP AustraliaAn adverse report from IP Australia is a formal notice identifying issues with a trademark application that need addressing before it can be accepted. The PNG Chiefs are due to launch their brand on October 21, backed by major sponsors Coca-Cola and Bank South Pacific, which has signed the NRL's biggest sponsorship deal worth $15 million.
They are due to debut in the NRL in 2028, with the help of a $600 million Australian government funding package. PNG Prime Minister James Marape announced the PNG Chiefs' name in October 2025, but a year on it is still not a registered trademark. University of Technology Sydney intellectual property law specialist Sarah Hook said she was surprised lawyers did not advise against using "Chiefs" at the start of the process.
"I would have thought they would have said they need something a bit more distinctive," Dr Hook said. "If they do launch , it's going to be difficult to go back and rebrand if this does end up in Federal Court. " Sydney Law School associate professor Fady Aoun said receiving three adverse reports from IP Australia was unusual.
"If the PNG Chiefs are to proceed , it does come with some risk and potential embarrassment if later, they're denied registration rights," he said. In New Zealand, chief executive of Super Rugby franchise The Chiefs, Simon Graafhuis, said three decades of brand building would be at stake for his club if the PNG franchise dug its heels in and pushed forward with the name.
He said he hoped a deal could be reached with the PNG club before its launch to avoid potential confusion.
"If you have a trademark, you've virtually got an obligation to defend it, and the best time to do that is before any damage is done," he said. While it is uncertain how the PNG's trademark application will play out in Australia, the Super Rugby side believes its standing in its home country is watertight.
Mr Graafhuis said his club's brand had legal protection that would make it problematic for a team of the same name to play on New Zealand soil. He said if the PNG side stuck to "Chiefs", the team may be forced to take to the field in jumpers that do not carry their logo when they play NRL club the New Zealand"We've spent 30 years developing a brand and a reputation, and our sponsors leverage off that, so any risk of confusion there's a very real chance of costing us commercially.
" Dr Aoun said he would not be surprised if some sort of co-existence agreement was "nutted out" between the New Zealand and PNG franchises. New Zealand Rugby meanwhile penned a letter to the NRL last month, saying the Chiefs was not an acceptable name for the incoming team and asked league officials to reconsider it.
Brand confusion could spread beyond NZ, expert saysIn addition to the clash with the Super Rugby Chiefs, IP Australia also identified seven other companies and businesses across Australia, Hong Kong and the United States that could potentially object to the PNG Chiefs' trademark applications. Dr Hook said the global nature of sports merchandising meant the potential for brand confusion was not confined to a single market.
Jarome Luai was the first of several big-name players to be signed to play for the PNG Chiefs from 2028.
"We're talking about brand merchandising that lots of people around the world might be interested in. " The PNG club's chief executive Lorna McPherson appears confident it will secure rights to the Chiefs name, telling the ABC that "the NRL are dealing with it and the planned launch is set for October 21". Dr Hook said that was likely wishful thinking, adding that it was risky for the PNG club to push forward with its trademark application unresolved.
"Even if they were to settle with every single company, that doesn't mean IP Australia will register it if it's still similar to other trademarks," she said.
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