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Hong Kong Trademark Registration 

 
Attorneys - Hong Kong
 
Welcome:

My name is Mike Kwan and I'm the representative Attorney in Hong Kong.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Hong Kong through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Should I file my trademark in local characters?

    Yes, for a broader and stronger protection in Hong Kong, we recommend registering your trademark in local characters.

    If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.

    In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in Hong Kong will recognize your brand more easily if they are able to read and correctly pronounce the mark.

    Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.

  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 9 months, if no objections or oppositions arise.

     

  • If I register my trademark in Hong Kong, do I have protection in other territories?

    The territorial limit of the trademark registration is Hong Kong SAR. The protection is not extended to other countries.

  • Do I need to sign a Power of Attorney?

    It is not a requirement for trademark application.

  • Are there any benefits from a pre-filing use of the trademark?

    Pre-filing use of the mark can help the owner in demonstrating its acquired distinctiveness. This can overcome an opposition to the application on the grounds of non-distinctiveness.

  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Attack on the basis of non-use is available. Third parties can use this as a ground to cancel the registered mark.

  • What are the types of trademark that can be registered in Hong Kong?
    • words
    • names
    • devices
    • certain three-dimensional shapes
    • colors
    • slogans
    • sounds
    • smells
    • trade dress/get-up
    • holograms
    • motion
    • collective marks
    • certification marks
    • service marks
  • What are the phases of application after a trademark has been filed in Hong Kong?
    1. Examination – Applications are examined in respect of:
      • Formalities
      • Classification
      • Clarity
      • Descriptiveness
      • Distinctiveness
      • Deceptiveness
      • Conflict
    1. Publication - The filing particulars are made available to the public via online posting.
      • mark;
      • name of applicant;
      • address of applicant;
      • application number;
      • application date;
      • goods/services;
      • priority claim information;
      • representation of trademark.
    1. Registration – When the application has successfully overcome all oppositions and it was able to meet all requirements, official registration will be granted.
  • What type of trademark is not registrable?
    • non-distinctive trademarks
    • marks that function principally as surnames
    • marks that function principally as geographic location names
    • marks that comprise only of the shape that resulted from the product’s nature, the state of merchandise that is important to acquire a specialized outcome or the shape that gives significant incentive to the products
  • Does Hong Kong use the "Nice Classification" system?

    Hong Kong uses the Nice Classification System.

  • Does the Community Trademark apply for Hong Kong?

    Hong Kong is not a member of the European Union. Hence, Community Trade Mark registration is not effective in this jurisdiction.

  • Is there any possibility to claim priority in Hong Kong?

    The priority date is only used for determining which trademark right was first established in cases where there are conflicting applications. The Convention or WTO application date will not be used.

  • What do I need to do to satisfy the use requirement?

    Prevent your trademark from being attacked on the basis of non-use by using it within three years from the actual registration date.

     

    Use can be minimal, provided it is "genuine" and occurs in Hong Kong.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of the trademark registration is 10 years.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the application filing date.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes. Unregistered marks are legally allowed to be used for any goods or services.

  • How many applications should I file?

    The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Hong Kong.

    If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

    In this case, proceeding with two trademark applications has the following advantages:

    1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
    2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
    3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

    If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.


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