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A trademark is a sign that distinguishes the goods and services of one trader from those of others. Registering a trademark gives you the exclusive right to use it in relation to the specific goods and services for which it is registered.
Though unregistered trademarks can be legally protected (generally by proving that in passing off their own services as yours, another party has damaged your business and reputation), registering your trademark is a simple and important part of protecting your business.
A trademark is normally a word, phrase or graphic image. The name of a business is not the same thing as a trademark. A mark cannot be registered if it is identical or similar to an existing registered mark or one which is the subject of a prior application in relation to the same or similar goods or services.
A trademark which is descriptive of the goods or services (eg ‘Clean’ washing powder) or one which consists of a general term used in the trade is normally not acceptable unless it is well established and has been used for a few years prior to application.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Why should you register a trade mark in Hong Kong ?” tab_id=”1574356224798-8260fec3-b2a7″][vc_column_text]
A trademark can be the most important asset of a company because it represents the goodwill and reputation of your company. It is your responsibility to protect a trademark and prevent it from being used by other people and take advantage of the goodwill you have built all these years and earn profit. Although there is protection of trademarks by passing off alone, it is only the last resort because using this protection requires your company to bring a multitude of proofs (such as long-term advertisements) used to establish goodwill. Registration of your trademark ensures that you really have the right to take legal action and claim for damages when other businesses or companies use your trademark in Hong Kong without your consent. Also, by registering your trademark, you can then have the exclusive right to use the trademark in relation of the goods and services for which the trademark is registered.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Required document for trademark registration in Hong Kong” tab_id=”required-documents”][vc_column_text]
Applicants need to prepare fully and accurately typically consists of:
- A completed application form, including the class(es) of trademark within which you are applying for registration
- A clear image of the trademark concerned
- Specifications of the goods and services to be covered by the application
- Any claim for priority consideration of your application
Once the Trade Marks Registry is satisfied that the formalities of your application are in order, it will examine the mark to see whether it is acceptable for registration under the Ordinance. Then, the Registry will publish the mark in its official journal and your application is open to objection by any person within 03 months.
If no objection is received, or if any objection is considered and overruled, your application will then be accepted and protected for a period of 10 years (renewable for a further 10 years) from the original date you filed your application.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Procedure of trademark registration in Hong Kong” tab_id=”procedure”][vc_column_text]
You are advised to conduct a trademark search to check if your trademark is the same as another registered trademark, or another trademark under application process.
Searching for similar or identical trademarks is important to ensure that your trademark registration application will be successful.
The total process takes about 6 to 10 working days
The total process takes about 6 to 9 months.
Within six months after filing the trade mark application, Trade Mark Registry will issue an examination report to analyze whether the trade mark can be registered. After all the criteria raised by Trade Mark Registry have been met, the trade mark application will be published on government journal for three months. If there is no one opposing the trade mark application within the three months, the trade mark application is then completed.[/vc_column_text][/vc_tta_section][/vc_tta_tour][/vc_column][/vc_row]
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