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Industrial Property Act 1994 - Industrial Property (Amendment) Regulations 2010

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2 First Schedule Repealed and Replaced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2 First Schedule Repealed and Replaced


The First Schedule of the Industrial Property Regulations 1998, is repealed and replaced with the following –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


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URL: http://www.paclii.org/to/legis/sub_leg/ipa1994ipr2010715