TONGA

INDUSTRIAL PROPERTY (AMENDMENT)
REGULATIONS 2010

Arrangement of Regulations 

Regulation 

1 Short Title 
2 First Schedule Repealed and Replaced 

INDUSTRIAL PROPERTY (AMENDMENT)
REGULATIONS 2010

INDUSTRIAL PROPERTY ACT 1994

IN EXERCISE of the powers conferred by section 44 of the Industrial Property Act 1994, the Minister of Labour, Commerce and Industries with the consent of Cabinet, makes the following Regulations –

1 Short Title 

These Regulations may be cited as the Industrial Property (Amendment) Regulations 2010. 

2 First Schedule Repealed and Replaced 

The First Schedule of the Industrial Property Regulations 1998, is repealed and replaced with the following –

"SCHEDULE

FEES

	Patents and Utility Model Certificates 	Proposed Fees (T$) 	Form 	
1 	Request for a patent 	$200 	Form No. 1 	
2 	Each divisional application for patent 	$200 	Form No. 1 	
3 	Request for a utility model certificate 	$160 	Form No. 1 	
4 	Each divisional application for 
a utility model 	$160 	Form No. 1 	
				
5 	Amendment of application at instance of application. 	$150 	Form No. 1 	
6 	Correction of application on request of Registrar. 	$90 		
7 	Preparation of abstract by Registrar 	$100 		
8 	Grant and publication fee 	$360 	Form No. 2 	
9 	Annual fees for patents: 1st anniversary of filing 2nd anniversary of filing 3rd anniversary of filing 4th anniversary of filing 5th anniversary of filing 6th anniversary of filing 7th anniversary of filing 8th anniversary of filing 9th anniversary of filing 10th anniversary of filing 11th anniversary of filing 12th anniversary of filing 13th anniversary of filing 14th anniversary of filing 	$200 $240 $280 $320 $360 $400 $440 $480 $520 $560 $600 $640 $680 $720 		
	Where the term is extended, for each year 	$1000 	Form No. 3 	
10 	Annual fees for utility model certificates: 1st anniversary of filing 2nd anniversary of filing 3rd anniversary of filing 4th anniversary of filing 5th anniversary of filing 6th anniversary of filing 	$110 $120 $130 $140 $150 $160 		
11 	Surcharge for late payment of annual fee 	$110 		
12 	Request for extension of duration of a patent 	$550 	Form No. 4 	
13 	Request for grant of a non-voluntary license 	$400 		
14 	Request for a conversion of a patent Application into an application for a utility Model certificate and vice versa. 	$600 	Form No. 5 	
	Industrial Designs 			
15 	Application for registration 	$100 		
16 	Correction of application on request of Registrar 	$70 		
17 	Registration and publication fee 	$120 		
18 	Renewal fee: (a) first renewal (b) second renewal 	$100 $110 		
19 	Surcharge for the payment of renewal fee: 	$100 		
	Marks 			
20 	Application fee: (a) for registration of a mark in one class (b) for registration of a mark in each additional class 	$200 $160 		
21 	Request for statement of grounds for decision of Registrar 	$120 		
22 	Filing notice of opposition 	$180 		
23 	Filing counter-statement 	$160 		
24 	Filing request for hearing 	$150 		
25 	Fee for hearing in opposition proceedings (to be paid by applicant and by opponent) 	$200 		
26 	Registration fee 	$200 		
27 	Renewal fee: (a) for a mark in one class (b) for a mark in each additional class 	$100 $100 		
28 	Surcharge for late payment of renewal fee 	$130 		
29 	Filing request for invalidation of mark or for removal of mark from Register on Grounds of non-use 	$200 		
	General 			
30 	Filing request for recording of change of ownership. 	$100 	Form No. 10 	
31 	Submission of license contract for recording 	$100 		
32 	Inspection of any Register (for every quarter of an hour or part thereof) 	$20 		
33 	Change of address 	$20 		
34 	Filing request for hearing 	$200" 		

Made at Nuku'alofa this 13th day of October 2010.

Minister of Labour, Commerce and Industries