- Asian
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trademark law
The Hong Kong government established the Intellectual Property Department on July 2, 1990. The Intellectual Property Department is responsible for providing advice to the Secretary for Commerce and Economic Development and assisting in the formulation of intellectual property protection policies and legislation in the Hong Kong Special Administrative Region. In addition, it is responsible for managing the Trademark Registry, Patent Registry, Design Registry, and Copyright Licensing Agency Registry in the Hong Kong Special Administrative Region. The Hong Kong trademark registration system provides territorial protection, meaning that even if a trademark has been registered with the Trademark Office of the State Administration for Industry and Commerce or other trademark registration offices in other countries or regions, it will not automatically be protected in Hong Kong. To be protected in Hong Kong, a trademark must be registered in accordance with the Trademark Ordinance (Chapter 559) and the Trademark Rules (Chapter 559A).
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Duration
Once a Hong Kong trademark is registered, it is valid for ten years from the date of application and can be renewed indefinitely in units of ten years. Renewal requests can be made within six months prior to the expiration date, with a six-month grace period provided after the expiration date
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Trademark Search
Before applying for trademark registration, if the applicant needs to verify whether there are identical or similar trademarks already registered or applying for registration, the Hong Kong Trademark Registry can provide search and preliminary opinion services, which takes approximately 2-4 weeks. The search report issued by the trademark registration office can serve as a reference and guidance for subsequent application cases.
The Hong Kong Special Administrative Region Trademark Registry is currently one of the few institutions in the world that can provide official trademark search opinions. -
precautions
1. When choosing a trademark, one should avoid any descriptive, generic, deceptive, or unethical trademarks. Hong Kong implements a "first to apply" system, which means that the first person to apply for trademark registration will have the right to the trademark.
2. The application for registration needs to be completed within 12 months (failure to complete it will be considered as giving up the application).
3. If the trademark fails the first examination, it will enter the second examination, and if the applicant disagrees with the result of the second examination, they can appeal to the court.
4. Only Hong Kong trademarks that have no objections or whose objections are unfounded will be registered.
5. The validity period of trademark registration starts from the date of application.
Submit an application directly to the Hong Kong Trademark Registry
After preparing the necessary documents for trademark registration and filling out the T2 form - "Trademark Registration Application Form", you can entrust a registered agent to submit the application materials to the Hong Kong Trademark Registry.
After receiving the application, the Trademark Registration Office will first carefully check the application form and all attachments to see if the required information in the form has been completed, if the relevant information is correct, and if the required information is complete.
If the information is incomplete, the Trademark Registry will require the applicant to provide additional information. Very minor revisions (such as the numbering of product categories) will not affect the filing date of the application, but more significant revisions (such as the absence of trademark illustrations) will have an impact on the filing date. In addition, significant changes (such as altering the logo) will not be accepted.
If everything is in order, the application process will proceed to the next stage (search and review).
After the data inspection is passed, the Hong Kong Trademark Registry will search the trademark records to determine whether there are other merchants who have registered or are applying to register the same or similar trademarks for the same or similar goods or services.
At the same time, the Trademark Registry will verify whether the applied trademark complies with the relevant provisions of the Trademark Regulations.
If the application does not meet the registration requirements, the Trademark Registry will raise an objection, and the applicant must meet the relevant requirements within six months, which can be extended by three months.
If a hearing is requested, all evidence supporting and opposing the trademark registration will be considered during the hearing, and the hearing personnel will make a ruling afterwards.
After the Trademark Registry accepts your application, it will be published in the Hong Kong Intellectual Property Gazette.
Anyone can view your trademark in the Hong Kong Intellectual Property Gazette and raise objections to your registration application. Opponents must submit a notice of opposition within three months from the date of publication of the registration application.
As an applicant, you can withdraw your registration application or file a counter statement against it. If you withdraw your registration application or are found unsuccessful in legal proceedings against registration, you may be required to pay the other party's litigation costs. Both you and the opponent have the opportunity to apply for registration or submit evidence against registration within the specified time limit.
After receiving all the evidence, the Trademark Registry will arrange for both parties to attend the hearing and have the hearing personnel make a decision. The party who wins the legal proceedings against registration is usually entitled to litigation costs.
After accepting the registration application for the trademark, the Director of the Trademark Registry will record the detailed information of the trademark in the registration register and issue a registration certificate to the applicant. In addition, the Director of the Trademark Registry will publish relevant registration notices in the Hong Kong Intellectual Property Gazette. The registration date will be traced back to the date of submission of the application, in other words, your rights as the owner of the registered trademark should be counted from the date of submission of the application.
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Applicant QualificationsHong Kong trademarks can be applied for in the name of an individual or a company. For individual applications, a copy of the ID card is required, and for company applications, a copy of the business license is required. -
One clear trademark designIt is recommended that the design be white with black background, which is a basic color. After successful trademark registration, the color can be changed. If other colors are specified, the color cannot be changed after successful registration, otherwise it violates the provisions of the Trademark Regulations. The trademark design should be clear and recognizable. -
Product and CategoryHong Kong trademarks do not limit the specific quantity of products, and can also choose to register the entire category of products. When selecting specific products, you can choose according to the latest Chinese Nice classification table. If the products involve different categories, multiple categories should be selected for registration. -
Trademark Registration Authorization LetterThe power of attorney for trademark registration is signed with a trademark agency, which is a confirmation of the rights and obligations of both parties.
