Trademark Registration in Hong Kong
May 15, 2012 | 
Author 
The principle of Hong Kong trademark law is “First to Apply”, not “First to Use”. If you use a trademark without registration by the Trademark Office, you may infringe the registered trademark of the exclusive right; on the other hand, you may difficult to get timely and effective protection of your own rights. Therefore, if you want to achieve the trademark law protection inHong Kong, you must apply for the registration.
1. Registration Materials:
Applicant’s name and address
Applicant’s business license or a copy of the personal identification
Apply for goods or services projects
Reproduction of the mark (electronic documents)
2. Reproduction of the mark: clear reproduction of the mark (12 pieces), the image length and width are both (5-10cm); electronic version of the pattern is better in JPG format. Note: If the trademark is colorful, you must specify the number of colors; if the trademark is black and white, later can use any color.
3. Registration duration: 6-9 months (complete the relevant application materials, without any objections and oppositions in the process of the application process, the entire process can be as short as up to six months).
4. Official Receipt: 1-2 month.
5. Period of Trademark Validity: 10 years.
6. Trademark renewal: a registered trademark is valid before the expiry of six months may apply for renewal of registration; failed renewal during that period may be granted a six-month grace period; without renewing during the grace period, canceled the trademark.
Registration Overview
1. Check the application in form
Trademark Office will do the form examination for the submitted documents and forms before review the relevant application, such as the information is complete or not, the content is complete or not, qualified signatures, etc.
2. Search and review
After complete the form examination, the Trademark Office will check the relevant trademark registration records to determine the same or similar goods or services has not registered a similar trademark. After review they will issue a written opinion to the applicant, indicating the results and the reasons.
3. Publication of application
The Trademark Office accepted the application, will make an announcement in the Hong Kong Intellectual Property Journal.
4. Registration
After accepted the application of trademark registration, the director of Trademark Office will record the detail data of this trademark into the register book, and issue the certification of registration to the applicant.
Note
1. The trademark application for registration, regardless of its text, graphics, color or their combinations must have significant characteristics, is able to clear their own goods or services different from the others.
2. The trademark can not be a brief description of their own goods or services or just one of its quality, uses, quantity and value. The Trademark Office is likely raised objections because it did not have identifiable.
3. The trademark can not use language or icon in the industry.
4. You must check and confirm there is no identical or similar trademarks exist before apply the trademark registration.
5. For five consecutive years without the use of a registered trademark is revoked.
Tips
It is important to note that the objections from Trademark Office or the third body may encounter in the process of registration process, as long as the applicant to make corrections within the specified timeframes inadequate or issued for sufficient evidence, the application for the registration process will still be carried out smoothly.
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