Chapter 17.12.01  
2020 Revised Edition  
  C 
T 
PROTECTION OF GEOGRA PHICAL 
INDICATIONS REGULATI ONS  
 Protection of Geographical Indications Regulations  CAP. 17.12.01  Arrangement of 
Sections  
 
 
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 C 
T 
PROTECTION O F GEOGRAPHICAL INDIC ATIONS 
REGULATIONS  
Arrangement of Sections  
Tu'utu'uni  
1  Short Ti tle ................................ ................................ ................................ ..............  5 
2  Interpretation  ................................ ................................ ................................ ..........  5 
3  Fees ................................ ................................ ................................ ........................  5 
4  Forms  ................................ ................................ ................................ .....................  5 
5  Language of documents  ................................ ................................ .........................  6 
6  Signatures by partnership, companies and associations  ................................ .........  6 
7  Agent  ................................ ................................ ................................ ......................  6 
8  Application for registration  ................................ ................................ ....................  6 
9  Withdrawal ................................ ................................ ................................ .............  6 
10  Marking application  ................................ ................................ ...............................  6 
11  Publication  ................................ ................................ ................................ .............  7 
12  Opposition  ................................ ................................ ................................ ..............  7 
13  Registration  ................................ ................................ ................................ ............  8 
14  Cancellation or rectification of reg istration  ................................ ...........................  9 
15  Misleading trademarks  ................................ ................................ ...........................  9 
16  Geographical indication for wines and spirit  ................................ .........................  9 
17  Publication of invalidation  ................................ ................................ .....................  9 
 
SCHEDULE I  11 
FEES  11 
SCHEDULE II  12 
APPLICATION FOR REGI STRATION OF GEOGRAPH ICAL INDICATION  12 Arrangement of Sections  CAP. 
17.12.01  Protection of Geographical Indications Regulations  
 
 
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 NOTICE OF OPPOSITION  14 
CERTIFICATE OF REGIS TRATION OF GEOGRAPHI CAL INDICATION  16 
REQUEST TO REFUSE OR  INVALIDATE REGISTRAT ION OF 
MISLEADING MARK  17 
REQUEST TO REFUSE OR  INVALIDATE REGISTRAT ION OF A MARK 
CONFLICTING WITH A G EOGRAPHICAL INDICATI ON FOR WINES AND 
SPIRITS  20 
 Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  I 
 
 
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 C 
T 
PROTECTION OF GEOGRA PHICAL INDICATIONS 
REGULATIONS1 
Made under section 20 of the Protection of Geographical Indications Ac t 
Commencement  [8th December 2009 ] 
1  Short Title  
These Regulations may be cited as the Protection of Geographical Indications 
Regulations.  
2  Interpretation  
In the Regulations unless the context other requires:  
“Act” means the Protection of Geographical Indications Act 2002; and  
“Agent ” means a Law Practitioner resident and having a place of business in 
the Kingdom representing the applicant.  
3  Fees  
The fees to be paid in respect of matters arising un der the Act or these Regulations 
shall be those specified in the Schedule I.  
4  Forms  
The forms referred  to in these Regulations are those set out in Schedule II.  The 
Registrar shall furnish copies of the printed forms free of charge.  SCHEDULE I   CAP. 17.12.01  Protection of Geographical Indications Regulations  
 
 
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 5  Language of docum ents 
Any document forming part of an application or submitted to the Registrar pursuant 
to the Act or these Regulations and which is in the Tongan language or any language 
other than English shall be accompanied by a translation into English.  
6  Signatures  by partnership, companies and associations  
A document purporting to be signed for or on behalf of a –  
partnership shall contain the names of all the partners in full and shall be signed by 
all the partners or by any partner qualified to sign, stating tha t he sign on behalf of 
the partnership, or by any other person who satisfies the Registrar that he is 
authorized to sign the document;  
body corporate shall be signed by a director by the secretary or other principal 
officer of the body corporate, or by any  other person who satisfies the Registrar that 
he is authorized to sign the document and shall bear the seal of the body corporate; 
or  
association of persons may be signed by any person who satisfies the Registrar that 
he is duly authorized.  
The Registrar  may, whenever he deems in necessary, request evidence of 
authorization to sign.  
7  Agent  
The appointment of an agent shall be by a power of attorney which shall be signed 
by the applicant or, if there are more than one, by each applicant.  The power of 
attorney shall be filed together with the application.  
8  Application for registration  
The applicant for the registration of a geographical indication shall be made in the 
form set out in Form 1 and accompanied by the prescribed fee.  
9  Withdrawal  
The applica tion may be withdrawn by written declaration submitted to the Registrar.  
The application fee shall not be refunded if the application is withdrawn.  
10  Marking application  
The Registrar shall, upon receipt mark on each document making up the application,  Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  I 
 
 
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 the application number consisting of the letters TO, stroke, the letter GI, stroke, the 
last two digits of the year in which the initial papers were received, stroke, and a 
five-digit number allotted in the sequential order in which applications are receiv ed. 
The Registrar shall mark any corrections or other later field documents received on 
different dates, their actual date of receipt in the appropriate place in Form 1.  
The application number allotted under sub regulation (1) shall be quoted in all 
commun ications concerning the application.  
11  Publication  
The Registrar shall notify an application whose application complete with section 
11(1) of the Act, to pay the prescribed fee within one month from the date of 
notification.  
The Registrar shall publish the application once the prescribed fee is paid, and such 
publication shall set out the following:  
the geographical indication;  
the name, address and nationality of the natural person or legal entity filing the 
application and the capacity in which the app licant is applying for registration;  
the name and address of the agent, if any;  
the address for service if an agent has not been appointed in accordance with 
Regulation 7;  
the demarcation of the geographical area to which the geographical indication 
applie s; 
the goods for which the geographical indication is used;  
the quality, reputation or other characteristic of the goods for which the geographical 
indication is used, and any conditions under which the indication may be used; and 
the filing date and numbe r of the application.  If the prescribed fee referred to in sub 
regulation (2) is not paid within the time limit prescribed, the application shall be 
considered withdrawn.  
12  Opposition  
A notice of opposition, under section 11(2)(b) of the Act, shall be gi ven: 
within three months from the date of the publication in the form set out in Form 2.  
accompanied by the prescribed fee; and  
accompanied by supporting evidence if any.  
A counter -statement referred to in section 11(2)(c) of the Act shall be, subject to 
payment of the prescribed fees:  SCHEDULE I   CAP. 17.12.01  Protection of Geographical Indications Regulations  
 
 
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 submitted within two months from the date the applicant is notified of the 
opposition.  
in writing, stating the grounds upon which the applicant relies for his application; 
and 
accompanied by supporting evidence if any.  
A req uest for a hearing under section 11(2)(d) of the Act shall be made to the 
Registrar in writing at any time after the filing of the notice of opposition but no 
later than one month after the expiry of the prescribed period for filing the counter -
statement.  
The Registrar shall give the parties at least one month’s written notice of the date set 
for the hearing, and each party shall, within that period, pay the prescribed fee for 
the hearing.  
Where the opponent or the applicant does not reside or carry on busi ness in the 
Kingdom, the Registrar may require him to give security for the costs of the hearing 
for such amount as the Registrar thinks fit.  
The Registrar shall notify the parties in writing of his decision and his reasons.  
Where the Registrar decides to register the geographical indication, he shall require 
the applicant to pay the registration fee within one month of the notification of the 
decision.  
13  Registration  
The Registrar shall register the geographical indication once the application pays the 
prescribed fee.  
The registration of the geographical indication shall include:  
the geographical indication registered;  
the demarcation of the geographical area to which the geographical indication 
applies;  
the name and address of the natural person or legal  entity in whose name the 
indication is registered;  
the name and address of the agent, if any;  
the address for service if any agent has not been appointed in accordance with 
Regulation 7;  
the goods for which the geographical indication is used;  
the quality , reputation or other characteristic of the goods for which the geographical 
indication is used and any conditions under which the indication may be used; and  
the filing date and number of the application as well as the date of registration.  Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  I 
 
 
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 The publicatio n of the reference to the registration for a geographical indication 
shall contain the particulars specifies in sub -regulation 2.  
The certificate of registration of the geographical indication shall be issued in the 
form set out in Form 3.  
14  Cancellation  or rectification of registration  
The publication referred to in section 13(2)(b) of the Act, shall:  
identify the geographical indication by setting out the particulars referred to in 
Regulation 13(2):  
identify the person or authority which has applied for  the cancellation or 
rectification of the registration of the geographical indication by setting out the name 
and address of the person or authority and of the representative or agent, if any; and  
specify the period within which the persons having the rig ht to use the geographical 
indication under section 12 of the Act may apply to join in the proceedings.  
The period to be specified by the Court under section 13(3) of the Act shall not be 
less than one month from the date of the notice or publication, as t he case may be.  
Where the Court notifies the Registrar under section 13 of the Act, that a decision 
has been taken to cancel or rectify the registration of a geographical indication, the 
Registrar shall, as the case may be, cancel or rectify the registrati on. 
15  Misleading trademarks  
A request under section 21 of the Act, to refuse or to invalidate the registration of  a 
misleading trademark shall be made in the form set out in Form 4, and shall be 
accompanied by the prescribed fee.  
The procedure set out in Regulation 12 shall apply.  
16  Geographical indication for wines and spirit  
A request under section 22 of the Act, to refuse or to invalidate the registration of a 
trademark  which conflicts with a geographical indication for wines and spirits shall 
be made in the form set out in Form 5 and shall be accompanied by the prescribed 
fee. 
The procedure set out in Regulation 12 shall apply.  
17  Publication of invalidation  
The Registrar shall record and publish a reference to the invalidation of the 
registration of a trademark pursuant to sections 21 and 22 of the Act.  SCHEDULE I   CAP. 17.12.01  Protection of Geographical Indications Regulations  
 
 
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 The publication of the reference to the invalidation of the registration of the 
trademark pursuant to section 21 of the Act shall include:  
the representation of the mark;  
the registrati on number of the mark;  
the name and address of the registered proprietor;  
the date of registration;  
the list of goods and services in respect of which the mark as registered with an 
indication of the corresponding class or classes of the International Clas sification; 
and  
an indication of the grounds on which the registration of the mark has been 
invalidated.  
 
 
  Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  I 
 
 
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SCHEDULE  I 
FEES  
(Regulation 3)  
 
  
SCHEDULE II   CAP. 17.12.01  Protection of Geographical Indications Regulations  
 
 
Page  12 2020 Revised Edition  to    
 SCHEDULE I I 
(Regulation 8 and 10(2))  
APPLICATION FOR REGI STRATION OF GEOGRAPHIC AL INDICATION  
 
Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  II 
 
 
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SCHEDULE II   CAP. 17.12.01  Protection of Geographical Indications Regulations  
 
 
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 FORM  2  
(Regulations 12(1))  
NOTICE OF OPPOSITION  
 
Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  II 
 
 
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SCHEDULE II   CAP. 17.12.01  Protection of Geographical Indications Regulations  
 
 
Page  16 2020 Revised Edition  to    
 FORM 3  
(Regulation 13(4))  
CERTIFICATE OF REGIS TRATION OF GEOGRAPHI CAL INDICATION  
 
  
Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  II 
 
 
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 FORM 4  
REQUEST TO REFUSE OR  INVALIDATE REGISTRAT ION OF MISLEADING 
MARK  
(Regulation 15(1))  SCHEDULE II   CAP. 17.12.01  Protection of Geographical Indications Regulations  
 
 
Page  18 2020 Revised Edition  to    
 
Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  II 
 
 
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SCHEDULE II   CAP. 17.12.01  Protection of Geographical Indications Regulations  
 
 
Page  20 2020 Revised Edition  to    
 FORM 5  
REQUEST TO REFUSE OR  INVALIDATE REGISTRAT ION OF A MARK 
CONFLICTING WITH A G EOGRAPHICAL INDICATI ON FOR WINES AND 
SPIRITS  
(Regulation 16(1))  
 
Protection of Geographical Indications Regulations  CAP. 17.12.01  SCHEDULE  II 
 
 
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ENDNOTES  
1 GS 26/2009