Hong Kong rademark registration system of Hong Kong provides territorial protection. Hence, trademarks registered with the State Administration for Industry and Commerce of the People’s Republic of China or trademarks registries of other countries or regions do not automatically receive protection in Hong Kong. In order to obtain protection as registered trademarks in Hong Kong, trademarks must be registered under the Trade Marks Ordinance (Chapter 559) and the Trade Marks Rules (Chapter 559A).
Why register a trademark?
Registering your trademark means that you have the exclusive right to use the trademark in relation to the goods and services for which the mark is registered. If other people use it in the course of trade or business in Hong Kong in relation to the same or similar goods or services without your consent, they may be liable for infringement of your mark and you may take legal action against them.
Unregistered trademarks may be protected by the common law action of passing off. You must prove reputation in the unregistered mark and must prove that the other person’s use of the mark will cause you damage. Passing off is usually a more difficult action to bring than an action for infringement of a registered trademark.
Rights to be entitled upon Registration
A registered trademark gives the registrant exclusive rights to prevent others from:
1. Using a mark identical to the registrant’s mark on or in relation to identical goods or services;
2. Using a mark identical or similar to the registrant’s mark on or in relation to identical or similar goods or services, where there is a likelihood of confusion on the part of the public; and
3. Using a mark identical or similar to the registrant’s mark in relation to identical, similar, or dissimilar goods or services if the use takes unfair advantage of or is detrimental to the distinctive character or reputation of the registrant’s mark, but only if the registrant’s mark is “well known.”
Benefits of Registered Trademark
1. Registration ensures that you can safely use your trademark without worrying about any unintentional infringement on third party's trademark.
2. Trademark certificate is the best proof of your claim on the mark.
3. Registration enables lawful use of ® next to your trademark.
4. Registration blocks other people from registering an identical mark on your specified goods.
5. Registration gives you a good ground to oppose any attempt by your competitors to register a confusingly similar mark.
6. Registration empowers you to take legal action against counterfeiters.
7. Registered trademark is a corporate asset which is useful when making valuation of your company in M&A or IPO situations.
8. Registration in an important city and trading centre like Hong Kong is essential for export or global marketing plans.
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 3255735242@qq.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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