Tonga
Fees for registering Tonga trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The Kingdom of Tonga, abbreviated as Tonga, is located in the southwestern Pacific Ocean and consists of over 170 islands. The current trademark regulations are mainly based on the Intellectual Property Law promulgated on November 9, 1994. The Registration and Intellectual Property Office of the Ministry of Commerce and Labour of Tonga is responsible for managing trademark affairs, and the official languages are Tongan and English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration of Tonga's independent country adopts the principle of "application first".
Tonga is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and is neither a member of the Madrid Protocol nor the Madrid Agreement. Therefore, trademark registration can only be processed through "single country registration".
Trademark Registration Process
At present, Tongan trademark applications adopt the Nice Classification 11th edition for the description of goods and services, accepting applications for multiple categories in one form. The elements that can be registered as trademarks in Tonga include: text, name, graphics, slogan, color combination, etc.
If the applicant does not reside in Tonga, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Tonga is: application, acceptance, examination, announcement, approval, and issuance of a certificate.
The application will be accepted 3-4 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Prior to conflicts of other rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. If everything goes smoothly, trademark registration in Tonga will take 1-2 years; If there are any objections or rejections during the process, the time will be extended to about 3 years.
Trademark registration materials
The Tonga trademark is valid for 10 years after registration, starting from the date of application; Renewal must be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
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