– Industrial Property Act 1994, in force since February 1, 2000, amended by the Industrial Property (Amendment) Acts 1999, 2002 and 2009.

– The Hague Convention Abolishing the Requirement of Consular Legalization for Foreign Public Documents (Apostille), successor party since June 4, 1970.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 14, 2001.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 14, 2001.
– WTO’s TRIPS Agreement, since July 27, 2007.

Although not a member, provisions of the following Conventions are adopted:
– Nice Agreement Concerning the International Classification of Goods and Services.

Applicant: re-registration of registered United Kingdom marks is no longer permitted. An individual, firm, collective or incorporated body may apply. 

Applicants not living in Tonga: must specify a local agent having a place of business in Tonga. 

Collective marks: registrable. Applications must specify that the mark is a collective mark and must be accompanied by a copy of the conditions governing the use of the collective mark.

Definition of a mark: any visible sign capable of distinguishing the goods or services of an enterprise. 

Not registrable: marks not capable of distinguishing the goods or services of one enterprise from those of another; marks contrary to law; marks likely to mislead the public or trade circles; marks identical or confusingly similar to marks well-known in Tonga for identical or similar goods or services of another enterprise; marks identical or deceptively similar to marks already on the Register or with an earlier priority date in respect of the same or closely related goods or services.

Translation: applications for marks consisting or containing words or characters not in the Roman alphabet shall provide a sufficient translation and transliteration. 

Multi-class applications: permitted, covering both goods and services classes.

Filing requirements for an application (to be sent to resident agent):
1. A request;
2. A power of attorney;
3. A reproduction of the mark and 3 additional representations;
4. A list of goods or services for which registration is sought listed under appropriate International Classification classes.

Priority claims: may be made by including a declaration with the application specifying details of the earlier application. A certified copy of the priority document must be filed within three months of a request by the Registrar.

Examination procedure: the Registrar examines whether the application complies with formalities and registrability. The Registrar communicates any objections in writing to the applicant. The applicant may respond to the report within two months from the date of the notification amending the application or making observations. If no response is lodged, the application is deemed withdrawn.

Letters of consent: can be accepted to overcome citation. 

Acceptance: applications are published on acceptance. 

Opposition: may be filed within three months of publication.

Rights conferred by grant: the right to the exclusive use of the mark and the right to institute court proceedings against infringement. 

Duration – renewal: ten years, renewable for periods of ten years. A six-month grace period is allowed for late payment of the renewal fee on payment of a surcharge.

Invalidation: any interested person may apply to the Registrar to invalidate a registration on any of the grounds available during examination.

Non-use removal: any interested person may request the Registrar to remove a mark from the Register on the grounds that up to one month prior to the filing of the request, the mark had, after its registration, not been used by the owner or licensee during a continuous period of three years or longer.

Assignments and licenses: must be in writing and recorded to be effective.