Trademark LawLegal 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.
ClassificationNice classification, 11th edition
What is Registrable as a TrademarkRegistrable 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.
Registration ProceedingsThe application is filed at the Registry and Intellectual Property Office.
Multiple-class applications are possible.
An application can include goods and services 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.
Opposition PeriodNational:
The opposition period is 3 months from the publication date of the application.
Trademark DurationProtection 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.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
here
Trademark Application FeesThe 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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Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
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SMD Group
thanks the following law firms for their assictance in updating the information provided.
Aug 29, 2023
AJ Park, Auckland, New Zealand