Required document for trademark registration in Hong Kong. Despite being a part of People's Republic of China, Hong Kong apply an entirely separate trademark system from China’s. In particular, trademark registration in Hong Kong shall comply with the Trade Marks Ordinance Cap. 559, which came into force on 4 April 2003 in Hong Kong and repealed the Trade Mark Ordinance Cap 43. Hereinafter, we would like to advise to about necessary documents when filing trademark in Hong Kong
Agency filing trademark registration application:
It’s important to apply to obtain the benefits of a registered trademark. An application should be filed and given to the Intellectual Property Department of the Government of the Hong Kong SAR. The applications are handled by the Trade Mark Ordinance, (Chapter 559) in Hong Kong. This department is the one that decides if the registration can be done or not based on investigation after you provide your application.
It is easy to register a trademark in Hong Kong. You just need to file the application, either online or by visiting the Trade Marks Registry of the Intellectual Property Department. As a matter of fact, the trademark can be registered only in case the trademark is being used by the person or company, or if it is about to be used in the future.
Before preparing a procedure to register a trademark in Hong Kong, you must find out about the classes of products and services that you want to trade in to register the trademark.
The term “class” as used with trademarks means the types of services and goods you wish to register. Basically, you would have to put all the services and goods in the class(es) that they fall under and also give the class name when filling the application to register the trademark.
There is a general classification as per the World Intellectual Property Organization (WIPO), used in Hong Kong. The class number ranges from Class to Class 45 that you can easily find out on WIPO.
Required documents for trademark registration in Hong Kong:
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.