PATENTS
 

Tonga Patent Law
The Industrial Property Act 1994  effective February 1, 2000 allowed for the grant of patents in Tonga for the first time in Tonga.
* Intellectual Property Regulations of Tonga [Chapter 40.16.1] from 2016.
Tonga is member of the following IP agreements and conventions
-Strasbourg Agreement 
-Berne Convention
-Paris Convention
-WIPO Convention
Documents and requirements for Patents in Tonga
- Power of Attorney (POA) simply signed
- A statement stating whether or not the invention is based on knowledge available within any local or indigenous community whether from Tonga or elsewhere (If apply);
- A statement disclosing the source and geographical origin of any biological material used for the invention (If apply); and
- The applicant’s name, address and nationality;
- Each inventor’s name (please note that if the applicant is not the inventor, the applicant must provide a statement to justify their right to the patent);
- A description of the invention including the title of the invention;
- One or more claims and any drawings referred to in the description of any claim;
- An abstract i.e. the technical information required in order to understand how the invention works;
Tonga Patent Registration Procedure
Filing 
The patent application in Tonga is filed at the Registry & Intellectual Property Office of Tonga (RIPO).
Formal Examination
The Registrar of Tonga will check if all formalities have meet by the patent application according to the local law. 
Official Action
If the Registrar found there is something that do not meet the law requirements, it grant 2 months to the applicant to fix it up.
Substantive examination
The Registrar shall notify the applicant, in writing, of his decision to grant or to refuse to grant a patent, attaching a copy of the search and examination report upon which the decision is based and, in the case of a refusal to grant a patent, stating the reasons therefore, and in the case of a decision to grant a patent, requesting the applicant to pay the grant and publication fee with three (3) months from the date of the notification.
* The Registrar also will examined the Novelty and Inventive step of the patent.
Publication
After examination is successfully the patent is published in the Official Gazette. 
Grant
If there is not obstacles the patent registration certificate is issued in Tonga
Duration
* A patent can be granted for 20 years from filing date but it is subject to annual renewal fees in Tonga.
* Utility models in Tonga having a term of 7 years.
* An industrial design in tonga can be registered for five (5) years and can be renewed for two further five year periods.
Annuities
Annual fees need to be pay to keep the Tonga patent in force. Payment receipt are issued by the Registrar within 2 weeks after payment date.

TRADEMARKS

Tonga Trademark Law
The law that govern trademarks in Tonga is the Industrial Property Act 1994 effective February 1, 2000. All trade mark registrations achieved under the previous act were cancelled under the new legislation.
*Intellectual Property Regulations of Tonga [Chapter 40.16.1] from 2016.
*Tonga has its own independent registration system. Re-registration of UK marks is no longer permitted but applicants may claim priority rights in Tonga of its UK or other international application. Priority rights may be claimed within 6 months of the filing of the application in the UK/ other international jurisdiction which are members of the Paris Convention. 
Tonga is not a member of the Madrid Agreement, Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
Tonga is member of the following IP agreements and conventions
-Berne Convention
-Paris Convention
-WIPO Convention
Classification
Nice classification, 11th edition. 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.
Trademark applications in Tonga can cover:
• goods and services
• more than one class of goods or services
• colours and shapes.
Tonga trademark applications cannot cover:
• a series of trade marks
• sounds or smells.
Document required
Power of Attorney simply signed.
Tonga Trademark Registration Procedure
The application is filed at the Registry & Intellectual Property Office of Tonga (RIPO).
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.
National Opposition Period
The opposition period is 3 months from the publication date of the application. 
Timeframe
The approximate time frame for completing the registration process of a trademark in Tonga is from 12 to 24 months.
Duration
Trademark Protection in Tonga 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 application for renewal should be filed within six months prior to the expiration date of the registration in Tongs. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required.
It usually takes 12 months or less for the Registrar to process an application for renewal in Tonga.