Trademark registration in mainland China gives no protection in Hong Kong, Macao and Taiwan. Therefore, in order to better protect your intellectual property rights in such regions, you are highly recommended to file a separate application locally. Tannet has branch office in Hong Kong and associates in Macao and Taiwan, we can help you file the application. In addition, we can also assist you in trademark registration overseas.
Hong Kong Trademark Registration
Hong Kong trademark registration is governed by the Trade Marks Ordinance (Cap. 559) and Trade Marks Rules (Cap. 559A). Generally, there is no restriction on the nationality or place of incorporation of the applicant. 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.
In case 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. And the registration is for a period of 10 years beginning on the date of registration. Like that of China trademark, if the trademark is not used in Hong Kong for any continuous period of 3 years after registration, any interested person can apply for its removal on the ground of non-use.
Macao Trademark Registration
Macao trademark registration is governed by Macao Economic Bureau - Intellectual Property Department (IPD). Since the trademark registration system of Macao is territorial, only the trademarks registered in the Macao can be protected locally. A new application of trademark registration is required in order to obtain protection in the Macao.
The documents required for filing the application is more or less the same as other jurisdictions, such as applicant’s name and address, list of goods or services, trademark logo, power of attorney (if required). If the documents have been presented in order, the registration will be granted in approximately six to eight months, on the condition that all requirements are met and there is no opposition from third parties.
Once registered, the mark is valid for 7 years counting from the date of the respective granting. It may be renewed indefinitely, and each renewal will extend the trademark’s validity for another 7 years.
Taiwan Trademark Registration
In Taiwan, trademark application operates on a first-file-first-get basis, and can be based on an intent to use basis. Foreign company or individual can apply to register their marks in Taiwan without nationality restriction or residency requirement. Trademark matters shall be exclusively dealt with by one of its subordinates, the Intellectual Property Office (TIPO).
In filing a trademark application, basically you need provide the following materials:
1. Name and address of the applicant
2. Classification of the designated goods/services and the names of the goods/services;
3. Clear trademark representations;
4. In case a trademark agent is appointed, the Power of Attorney (if in a foreign language, a Chinese translation is required).
Generally, it takes around 8-10 months to complete and registration process. Once registered, the period of validity of a registered trademark shall be ten years, counted from the date of approval of the 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 86-755-82143512, 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.
Previous：China Trademark Renewal and Maintenance
Next：China Intellectual Property Protection