Procedures for Registering a Trademark in HK
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Hong Kong trademark registration process is almost the same as that in mainland China. Registering your trade mark means that you have the exclusive right to use the trade mark in relation to the goods and services for which the mark is registered. If you do not register your mark, it is harder to prove that you are the ‘owner’ of the mark and as such your protection is limited.
I. Application
Upon receipt of your application form (Forms T2 or T2A), the Registrar will issue a receipt notifying you the allotted application number.
II. Deficiencies Checking
Before beginning to examine your application, the Registrar will carry out a thorough check of the application forms and any attachments. This is to see if all the necessary parts of the forms have been filled in, if they are correct and if any required information is missing. If any required information is missing, the Registrar will ask you to provide the information to remedy the deficiencies within two months from the date of Registry's notice.
III. Search & Examination
After the deficiencies checking has been completed and all is found to be in order the Registrar will conduct a search of the trademarks records to see if the same or similar trademark has already been registered or been applied for by another trader in respect of the same or similar class of goods and services.
The examiner will also see if the trademark satisfies the registration requirements laid down in the Trade Marks Ordinance. Some of these criteria are listed in the "Before you apply" section in the "How to apply to register a trademark in the Hong Kong SAR" although this is not a comprehensive list. The examiner will then issue an opinion in writing which will either lay out the grounds for objection to the mark or confirm the mark is acceptable for registration.
IV. Objections
If the requirements for registration are not met the Registrar will object to the mark. You, the applicant, have 6 months in which to meet the requirements. A further 3 months extension may be granted.
V. Publication of Trademark
Once your trademark has been accepted for registration, it is published in the Hong Kong Intellectual Property Journal.
VI. Registration
Once your trademark has been accepted for registration, the Registrar of Trade Marks will enter the details of your trademark into the trademarks register and you will be issued with a certificate of registration. Notice of the registration will be published in the Hong Kong Intellectual Property Journal and the registration of your trademark will date back to the filing date of your application. That means as the owner of a registered trademark, your rights take effect from the filing date of the application.
VII. How long does the process take?
If there are no deficiencies in the application and no objections to the trade mark then the whole application procedure can take as little as 6 months from receipt of application to registration.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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