The short answer
Under the Industrial Property Act (Cap. 17.07, 2020 Revised Edition), a mark is registered for 10 years from the filing date and renewed for consecutive periods of 10 years, with a 6-month grace period and a surcharge. Opposition is filed within the period prescribed by the Regulations, and a mark unused for 3 years or longer can be removed from the Register.
Trademark deadlines in Tonga at a glance
These rules come from the Industrial Property Act 1994 (Act No. 19 of 1994, 2020 Revised Edition, Cap. 17.07), in the English text on WIPO Lex. Fees and the opposition period are in the Regulations, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, renewable for consecutive periods of 10 years (Section 29(4)). |
| Which date does the term count from? | The filing date of the application for registration (Section 29(4)). |
| When can I renew? | The registered owner pays the prescribed renewal fee to renew the registered mark for consecutive 10-year periods (Section 29(4)). |
| Is there a grace period? | Yes. A period of grace of 6 months is allowed for late payment of the renewal fee, on payment of the prescribed surcharge (Section 29(4)). |
| Opposition period | Any interested person may, within the prescribed period and in the prescribed manner, give notice to the Registrar of opposition on the grounds that the requirements of section 2 (the definition of a mark) or section 26(2) are not fulfilled. The Regulations set the period (Section 28(4)). |
| Reply to an office action | The Registrar examines the application and tells the applicant of any problem. The applicant can respond, and decisions can be appealed. |
| Priority claim | The application may contain a declaration claiming the priority of an earlier national or regional application in a Paris Convention state (Section 27(2)). The Convention period is six months. |
| Non-use | Any interested person may request that a mark be removed from the Register for goods or services if, up to one month before the request, it was not used by the owner or a licensee for a continuous period of 3 years or longer after registration, unless special circumstances prevented use (Section 30(4)). |
| Assignment | Assignments and licences of marks are recorded with the Registrar. We confirm the formalities under the Act. |
Who can register a trademark in Tonga
Any person can file an application with the Registrar listing the goods or services by class of the International Classification and paying the application fee (Section 27).
Representation. We act as your agent before the Registrar. We confirm any local representation rule before filing.
Trademark registration process in Tonga
Search
- Search the the Registrar of Industrial Property of Tonga records for identical or similar marks in your classes.
File the application
- File with the the Registrar of Industrial Property of Tonga, through a Tongan agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After the accepted application is published, any interested person can oppose within the period prescribed by the Regulations (Section 28(4)).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Registrar of Industrial Property of Tonga and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Tonga trademark validity and renewal
- A registration lasts 10 years from the filing date.
- Renew for consecutive 10-year periods on payment of the fee.
- A 6-month grace period applies with a surcharge.
- Use the mark to avoid removal after 3 years of non-use.
Diarise the expiry from the filing date and renew before it.
Assignment, licence and changes to a Tongan trademark
Invalidation
On request
Any interested person can request invalidation if the Act's requirements are not met (Section 30(1) to (3)).
Collective marks
Special rules
Sections 26 to 30 apply to collective marks with extra conditions (Section 31).
Removal
Non-use
Removal for non-use follows 3 years (Section 30(4)).
Effect
From registration
An invalidation is deemed effective as of the date of registration (Section 30(3)).
Non-use and cancellation of a Tongan trademark
The Registrar invalidates a registration where the definition of a mark or the registrability requirements are not met, effective from the date of registration (Section 30(1) to (3)). A mark can be removed after 3 years of non-use (Section 30(4)).
Keep dated proof of use in Tonga: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Tonga
Search the Register of Marks kept by the Registrar for the filing, publication, registration and renewal dates.
Sources used
- Industrial Property Act 1994 (Act No. 19 of 1994, 2020 Revised Edition), Tonga, English text on WIPO Lex: Sections 27 to 31.
- The Registrar for the Regulations, fees and forms.
Tonga trademark FAQ
How long does a trademark last in Tonga, and from when?
10 years from the filing date, renewable for consecutive periods of 10 years (Section 29(4)). It counts from the filing date (Section 29).
When should I renew a Tongan trademark, and is there a grace period?
The registered owner pays the prescribed renewal fee to renew the registered mark for consecutive 10-year periods (Section 29(4)).
What is the opposition period in Tonga?
Any interested person may, within the prescribed period and in the prescribed manner, give notice to the Registrar of opposition on the grounds that the requirements of section 2 (the definition of a mark) or section 26(2) are not fulfilled. The Regulations set the period (Section 28(4)).
How much does it cost to register a trademark in Tonga?
The official fee is set by the the Registrar of Industrial Property of Tonga and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Tonga?
Yes. A foreign company can register a mark in Tonga, claiming priority from an earlier application where it applies. We arrange this.
Can I assign a Tongan trademark?
Assignments and licences of marks are recorded with the Registrar. We confirm the formalities under the Act.
Can a Tongan trademark be cancelled for non-use?
Any interested person may request that a mark be removed from the Register for goods or services if, up to one month before the request, it was not used by the owner or a licensee for a continuous period of 3 years or longer after registration, unless special circumstances prevented use (Section 30(4)).
How can I check the status of a Tongan trademark?
Use the the Registrar of Industrial Property of Tonga register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The application may contain a declaration claiming the priority of an earlier national or regional application in a Paris Convention state (Section 27(2)). The Convention period is six months.
How do I change the owner's name or address?
Record the change with the the Registrar of Industrial Property of Tonga so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Tonga
SUPREMEiP® files trademarks worldwide through its network and checks every Tongan deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
