Trademarks Law in Tonga
Here’s a comprehensive overview of trademark law in Tonga:
🇹🇴 Trademark Law in Tonga
🔹 Governing Law
Trademark protection in Tonga is governed by the Industrial Property Act 1994 and its related Regulations (2000).
Administered by the Registry of Companies and Intellectual Property (RCIP) under the Ministry of Trade and Economic Development.
Tonga is a member of the:
Paris Convention (joined in 2001)
World Trade Organization (WTO) and TRIPS Agreement
Tonga is not a member of the Madrid Protocol, so international registrations via Madrid are not available.
🔹 What Can Be Registered?
Any distinctive sign that identifies goods or services, such as:
Words, names, slogans
Logos, devices, shapes
Combinations of letters and numbers
Colors and 3D shapes (if distinctive)
Service marks, collective marks, and certification marks are also registrable.
🔹 Registration Process
Application: Submit to the RCIP with details of the mark, goods/services, and applicant info.
Examination: The Registrar examines the application for conflicts and compliance.
Publication: If accepted, the application is published in the Official Gazette.
Opposition Period: Third parties may oppose registration within a set period (typically 3 months).
Registration: If unopposed (or opposition is unsuccessful), the mark is registered and a certificate is issued.
🔹 Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
It can be renewed indefinitely for further 10-year periods.
🔹 Use Requirement and Cancellation
There is no strict use requirement to register, but:
A mark may be vulnerable to cancellation if not used for 3 consecutive years post-registration, unless valid reasons for non-use are given.
🔹 Rights Granted
Exclusive right to use the trademark on the goods/services registered.
Right to prevent others from using identical or confusingly similar marks.
Right to license, assign, or transfer the trademark.
🔹 Enforcement
Trademark rights are enforced through the Tongan courts.
Remedies include:
Injunctions
Damages
Seizure or destruction of counterfeit goods
Customs authorities may assist in blocking infringing imports.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member (2001) |
| Madrid Protocol | Not a member |
| TRIPS (WTO) | Member |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Industrial Property Act 1994; Regulations 2000 |
| Authority | Registry of Companies & IP (RCIP) |
| Duration | 10 years, renewable |
| Registration | Required for enforcement |
| Use requirement | 3 years non-use = possible cancellation |
| Enforcement | Tongan courts, customs |
| International treaties | Paris, TRIPS (no Madrid Protocol) |
✅ Key Takeaway
To protect a trademark in Tonga, you must register locally with the Registry of Companies and Intellectual Property (RCIP), as Tonga is not part of the Madrid System.
RELATED Blog
0 comments