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Trademark Registration

A trademark is a sign that distinguishes the goods or services of one corporation from other corporations, and which can be expressed in writing or by drawings. Registered trademarks, normally with symbol ®, are trademarks approved for registration by the Trade Marks Registry.

A company name registration at the Companies Registry or a business name registered with the Business Registration Office is not the same as a trademark registration at the Trade Marks Registry. Registration of a company name with the Companies Registry does not confer any trade mark rights or any other intellectual property rights in respect of the company name or any part thereof.

Having registered a company name with the Companies Registry or a business name with the Business Registration Office, you are still required to apply for registration of your trademarks with the Trade Marks Registry. Only the registered trademark owner has an exclusive right to use the trademark in relation to the goods and services in Hong Kong for which the mark is registered. If other traders use it in the Hong Kong in relation to the same or similar goods or services without your consent, they may be liable for infringement of your mark and you may take legal action.

Any applicant who is capable of holding property including trademark can apply for trademark registration. We will guide you step by step throughout the whole process. 

To register a trademark, first, you need to classify the product or service in which its trademark is to be registered according to the International Goods and Services Classification, and then fill in the relevant forms and submit to the Trade Marks Registry for registration. Trademarks are strictly territorial, registered trademarks can only be protected by the law of the countries or territories that it has been registered into.

 

Procedures

1. File the Application

Gather all necessary information of your product / creations / services and we will assist you in submitting the application. 

2. Deficiencies Checking

The Trade Marks Registry will conduct a thorough check on the application and provided documents. The authority will get in touch with us if further information is required.

3. Search and Examination

The Trade Marks Registry will then perform a proper search to see if any identical or similar trademark has already been registered. The authority will also review and see if the submitted trademark is proper and fits the Trademark Ordinance’s requirements.

4. Objections

If anyhow the requirements are not met, the Trade Marks Registry has the authority to object the application. Yet, applicants are granted with 6 months for amendments in order to meet the requirements.

5. Registration

Once your trademark has been accepted for registration, it will be published in the Hong Kong Intellectual Property Journal. If no opposition by a 3rd party is made, the Trade Marks Registry will enter your trademark into the trademarks register and you will be issued with a certificate of registration, meanwhile the notice of the registration will be published in the Journal too. 

 

Duration of Application 

6-8 months 

 

Validity Period 

The registration is valid for 10 years. 

 

Renewal 

Renewal application for 10 years may be submitted 6 months before the expiry. 

 

Note: Trademarks Registry does not accept P.O. box address or “care of” address. An applicant must provide an address for service, telephone number, facsimile number and email address, all of which can be provided by us for the officers of Trademarks Registry so that they can contact us easily without delay.