Hong Kong trademark registration is governed by the Trade Marks Ordinance (Cap. 559) and Trade Marks Rules (Cap. 559A). A trade mark is a sign that distinguishes the goods and services of one trader from those of others. 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. Below are the basic requirements on trademark registration in Hong Kong.
What trademark can be registered?
A trademark can be registered if it is:-
(1) The name of a company, individual or firm represented in a special manner;
(2) The signature (except in Chinese characters) of the applicant;
(3) An invented word;
(4) A word that is not either descriptive of the goods or services for which the trademark is used or is not a geographical name or is not a surname; or
(5) Any other distinctive mark.
Conditions on Applicant
Generally, there is no restriction on the nationality or place of incorporation of the applicant.
Required Information
Basically, you need to provide the following information when filing the application:
1. Applicant’s name;
2. Applicant’s address;
3. Applicant’s nationality, or the country where the company is incorporated;
4. Copy of the trademark;
5. Classification of the trademark.
Note: if you file an application in Chinese, the certificate of registration will be in Chinese. Similarly if you file the application in English, the certificate of registration will be in English.
Requirements on Goods or Services
Your application must include a list of all goods and services which you want to register your trademark with. You must list the goods and services in the class(es) they fall in. The goods and services should be classified according to the International Classification of Goods and Services (NICE Classification).
Terms of Protection and Renewal
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.
Registration dates from the filing date of an application for registration, not from the priority date. Registration is for a period of 10 years beginning on the date of registration. Renewal is for a further period of 10 years. A renewal fee (including a class fee for each class in a multi-class registration) is payable. Renewal takes effect from the expiry date.
Nevertheless, if a registered trademark is not used in Hong Kong for any continuous period of 3 years, any interested person can apply for its removal on the ground of non-use.
Contact Us
If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512 or 86-755-82143181 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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