HONG KONG

• Kinds of Trademarks registrable in HONG KONG
  • • Word marks
    • Personal names  
    • Letter marks  
    • Numerals  
    • Figurative elements  
    • Shapes of goods  
    • 3 Dimensional marks  
    • Packaging of goods  
    • Colour Combinations  
    • Sounds & Smells that can be graphically represented  
    • Combination of the above signs   
• Requisites for a Trademark to be registrable in HONG KONG

  • Trademarks must contain the following essential requirements to be registrable in Hong Kong:

    • Distinctiveness
    • Non-descriptive of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in HONG KONG

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Hong Kong: 

    1. Trademarks not having distinctive characteristics, or consisting of signs or data that comprise of familiar drawings and ordinary pictures of goods and products.
    2. Every expression, drawing or sign which is immoral or contrary to public order and law of the land.
    3. Public Emblems, Flags, Military Emblems and other symbols  or International Organizations and institutions, or imitation of such Slogans therein.
    4. Imitations of the Red Crescent, Red Cross and such other recognized insignia.
    5. Marks which are identical or similar to religious symbols.
    6. Trademarks bearing Geographical names indicating  the source or origin of the goods, products or services.
    7. Names, Titles, Images, Logos of third parties without express consent or authorization.
    8. Trademarks misleading the public, containing false information regarding the origin and source of products, services, marks imitated or forged and marks pertaining to fictitious businesses.
    9. Trademarks prohibited by the Ministry of Commerce and Agriculture.
    10. Trademarks identical with or similar to those previously registered and marks degrading, devaluing prior registered marks along with existing businesses and marks that are reproductions, translations, transliterations, imitations of well known marks that are registered.
    11. Applications filed with malafide and vexatious intentions
    12. Trademarks contravening laws and regulations in-force.
    13. Trademarks having a direct references to or a description of the goods and services for which mark is applied.
    14. Directly indicative of quality, principle, raw material, function, use, weight and such other features of the goods and nature of services.

    TrademarkCopia through its associate Law Firms and Lawyers in Hong Kong is at hand to help you with trademark registration and prosecution.

• Trademark Search in HONG KONG

  • It is highly advisable to conduct a search with Hong Kong trademark office of the proposed mark to ensure that a similar has not been applied for by other contenders.

    This can be done in two ways:

    1. Through search & advisory services provided by the Registry: The registry searches the records and supplies a list of the trademarks that are same and / or similar to that of the applicant’s proposed mark. Along with this, the registry provides preliminary advice as to whether the applicant’s mark is sufficiently distinctive so as to distinguish it from those of the other traders and contenders.
    2. Through online search by looking up the Registry’s records: Online search can be done and the records could be checked on the Registry’s website.
• Trademark Filing in HONG KONG

  • Filing is done with the Trademark office of Hong Kong and applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4.  Classes in which Registration is sought.
    5. Power of Attorney (POA) is not required.
    6. Priority details if any.
    7.  Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       Hong Kong is not member of Nice Classification However Geneva Act applies.

    TRADEMARKCOPIA.COM Attorneys will assist you with: Filings Infringement & Opposition Actions Renewals License and Assignment procedures Trademark Watch Services

• Trademark Examination in HONG KONG

  • Once the application is filed with the registry, prior to examining the application, a procedure known as Deficiencies checking is carried out.

    This is to essentially establish that the application form and attachments if any conform to the trademark ordinance and that all the necessary parts of the form(s) have been filled out correctly and as to whether any required information is missing.

• Trademark Publication & Opposition in HONG KONG

  • Once the deficiencies checking has been carried out and everything is found to be in order, a search of the records in the registry is done to rule out similarity / identity with prior existing and pending marks.

    The application is also examined to see that the trademark satisfies the registration requirements as laid down in the trademark ordinance. The examiner then issues an opinion either confirming the mark for registration or objecting to it.

    The applicant then has 6 months to meet the requisites as opined by the examiner. The registry also suggests ways of overcoming the objections. Despite the applicant trying to overcome these objections in the initial opinion and the objections remaining, the applicant has further 3 months to satisfactorily provide the registration requisites or call for a hearing. At the hearing, a decision would be made by the hearing officer at the registry.

• Trademark Registration in HONG KONG

  • Once the trademark has been accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a certificateof registration. The registration process takes around 10 months.

    Trademark registration in Hong Kong is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

• Trademark Usage in HONG KONG

  • Prior to Filing: It is required to state on the application whether the trademark is being used by the applicant or by others with his consent as regards the goods and / or services in respect of which it is sought to be registered. In the event it not being used, the intention of the applicant whether he honestly intends using the trademark or would allow it to be used concerning those goods and / or services.

    Post Filing: if the trademark is not used continuously for 3 yrs. post registration, it could become vulnerable for cancellation owing to non-use, unless there are valid and tenable reasons for non-use.

    TERMS OF REGISTRATION OF TRADEMARKS IN HONG KONG IS 10 YEARS FROM THE DATE OF REGISTRATION.

• Trademark Cost of Registration in HONG KONG

  • Please write mail for cost of registration of trademark in Hong Kong  to the mail address given below:

    contact@trademarkcopia.com