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Trademark Registration in Hong Kong

A trademark is typically any letters, signs, designs, or a combination of these that identifies business goods or services. It helps to distinguish the company's products from others. Therefore, placing a trademark on a package, product, label, or company's buildings is considered a valuable company asset. Trademark registration means that a business or company has an exclusive right to use it in its products. Suppose someone else uses the same mark in Hong Kong on similar goods and services without any consensus. The person is liable for infringing your trademark, and you could take legal action.
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A trademark is typically any letters, signs, designs, or a combination of these that identifies business goods or services. It helps to distinguish the company's products from others. Therefore, placing a trademark on a package, product, label, or company's buildings is considered a valuable company asset.

 

Why Register a Trademark in Hong Kong?

Trademark registration means that a business or company has an exclusive right to use it in its products. Suppose someone else uses the same mark in Hong Kong on similar goods and services without any consensus. The person is liable for infringing your trademark, and you could take legal action.

 

Though failure to register the mark makes it difficult to prove that you own it, and in such a case, your protection will be limited.

 

General Cost of Trademark Registration in Hong Kong

The fee required for the application of trademark registration is HK$2,000 plus HK$1,000 per every additional category of goods or services, in case of any.

 

Trademark Registration Requirements in Hong Kong

To reap the advantages of a registered mark in Hong Kong, you must visit the Trade Mark Registry, Hong Kong Government, Intellectual Property Department. The registration can quickly be done online, or you could fill a physical form with the Registry of Trademarks.

 

Before you begin to register, you should ensure that the trademark has been in existence or is about to be used. However, if a registered mark hasn't been in use for three years continuously in Hong Kong by the investor, the law revokes it based on non-use.

 

For a business to make an application on the mark, there are a few requirements needed for the process to be a success:

 

  • A form for the application of the trademark registration;

  • Applicant's details like the address and name;

  • The goods or services specifications on which you will use the business trademark;

  • A good presentation of your trademark's proposal;

  • Additional documents that the law could request.

 

Also, the trademark you choose to register should meet specific criteria as directed by the Hong Kong Trade Marks Ordinance. Finally, remember to fill your application using the official languages.

 

Trademark Search in Hong Kong

Though you might have all the requirements, it's paramount to ensure that you do a thorough search to know if the mark is registered at the Hong Kong Registrar or other people have made prior applications.

 

You can search your trademark, design and patent records online through the Public Online Search portal to ensure it doesn't match other marks.

 

The Trademark Registration Process in Hong Kong

The most significant part about the trademark registration process in Hong Kong is that it's elementary; no complications are attached to it. Here are a few steps to follow:

  • After applying with the Hong Kong Registrar, they examine if it complies with the trademark Ordinance.

  • If the application formalities are well met, and no objections are made to your trademark, it's published in the Intellectual Property Journal in Hong Kong. Keep in mind that it takes nearly six months from when the application was received to register.

  • After that, you should check widely to see if anyone opposes the mark or not.

  • Suppose no one opposes, or the opposition report is concluded but in favor of your mark, then Hong Kong Registrar of Trademarks issues you with the certificate of registration for the trademark.

 

Suppose it's objected:

If an objection happens, for instance, if the trademark seems to be confused with a similar one, the applicant is given six months to meet all the registration needs. However, you can as well ask for an extension of three months under certain circumstances.

 

In addition, if the applicant attempts to handle the objection by following all criteria, the business can opt for an alternative trademark or request for a hearing. 

 

Suppose the trademark is opposed:

Before making an application for trademark registration in Hong Kong, a third party can oppose a trademark. It will mean that the authority reviews the trademark via the Intellectual Property Journal; however, the party will realize something confusing. However, foreigners in Hong Kong should appoint an agent who is a registered trademark attorney for trademark prosecution.

 

Further FAQs about Trademark Registration in Hong Kong

 

What are the trademark restrictions?

  • Under section 18, the Trade Marks Ordinance forbids the use of already existing trademarks. Therefore, if a mark is already registered, the company should sue the person for infringement.

  • If the brand deceives individuals

  • If it has controversies

 

Is it simple to register a trademark in Hong Kong?

Hong Kong trademark registration isn't mandatory; however, a business should do a role to avoid infringement. Though it's not a long process, it somewhat takes a short time.

 

What happens after using a trademark in Hong Kong without permission?

Registering a trademark in Hong Kong is essential for all companies or businesses; it is attached to your protection rights, suppose someone else uses it without consent. It proves that you own the mark and are entitled to its exclusive rights to use on your products. Therefore, failing to enforce a mark might lead to weakening the impact and lack of distinctiveness; it could lead to losing your trademark.

 


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