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Tonga (TO)

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Legal basis is the Industrial Property Act 1994 effective February 1, 2000.
Tonga is not a member of the Madrid Agreement, Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging as well as sound and smell marks and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks and trade names.
The application is filed at the Registry and Intellectual Property Office.
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
A power of attorney signed by the applicant or authorised person is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Tonga is from 1 to 2 years.
National:
The opposition period is 3 months from the publication date of the application.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months starting from the date on which the trademark registration expires.

Further practical details are available in our publication on this topic here
If the trademark has not been used by the registered owner or a licensee during a continuous period of three years or longer from the date of registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is TOP 230.00 for one class and TOP 184.00 for each additional class. The registration fee is TOP 230.00.


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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
01-19-2015
Munro Leys, Lawyers & Notaries Public, Suva, Fiji



Registry and Intellectual Property Office (RIPO)
P.O. Box 110
Salote Road
Fasi Moe Afi
Nukualofa
Tonga
Tel +676 27 302/23 688
Fax +676 23877
Mail info@mctl.gov.to
www.mctl.gov.to/?page_id=1042