Trademark registration, registration of trademarks in Hong Kong

Hong Kong institutions in charge of trademark matters

 

Hong Kong has independent trademark registration system. The intellectual property department has the trademark registry in Hong Kong, independent responsible for review of application for trademark registration and preservation.

 

Application for trademark registration in Hong Kong

 

Hong Kong law no special requirements to the trademark applicant subject qualification, natural person or body corporate can apply to the trademark registration, trademark law has not stipulated a and the applicant must have to apply for trademark, the applicant as long as indicated in the application for registration on use or proposed use.

 

The applicant must fill in the relevant application form, together with samples of the trademarks and related expenses, submit the trademark registry. Hong Kong also USES a standard sort of application system, classification was adopted the international classification of 42 categories.

 

Can be to the registration of trademark is logo, name, sign,, different shapes, Numbers, and font or color, or more project various combinations as well as the main body of the graphics, geographical names. Service marks are protected in Hong Kong, and retail service trademarks can apply in Hong Kong.

 

Application for trademark registration in Hong Kong has a special requirement is that the trademark registry shall have the right to the applicant must be within 12 months to complete all your request application procedure. If the applicant fails to comply with the rules, can be considered as a waiver application.

 

The trademark review and authorization

 

(A) A and B of the same trademark registration system and the British system, trademark registration in Hong Kong is divided into A registered and part B. In the registered trademark shall be part A in nature or because of the widely used for A long time have significant. As for the unique way to show the name of the company, individual or a firm, the applicant or his predecessor's signature except signed (in Chinese) and one or more create a word or words, etc. Only have the distinctiveness of trademark can be allowed to registered in part B. In part B of the registered trademark is less than in the registration of trademark review part A strict.

 

(2) review and authorization procedure take second review and judicial supervision. First review the decision to accept the trademark registered in part A or part B. Applicants who agree with the trademark registry, the registry notice; If the first review decision will not be registered or the applicant is different to part B, will cause the second review. The applicant to register a second examination and decision of re-discussion can appeal to the court.

 

To examine via the first review or the second announcement of trademark, any person may raise objections to its, objection period for two months, to no dissent or objection was not trademark will be registered.

 

Registered trademark protection

 

The validity of the registered trademark in Hong Kong for 7 years, renewable after 14 years, unlimited number of renewal, trademark registration is valid on the date of filing. In A department or legal status in part B of the registered trademark is different. Trademark registered in part A have greater security. The expiry of the registered trademark of part A of the 7 years or as A permanent; In part B of the registered trademark is not enjoy the same legal protection, after the expiry of the registration, the registration validity may still in doubt. In case of trademark infringement, the court tend to make for A department of A registered trademark infringement, and all of part B of the registered trademark of the charges, the defendant may have more defense, the court may not be issued an injunction.

 

Hong Kong trademark registration fees and procedures

 

Registration formalities

 

1. The fitting of a registered trademark design by fax (0755-83312188) or telephone (0755-83668988) to us so that the company to search. We will inform you within 48 hours to registered trademark can be registered. You can first reference all categories available for registration (international classification of goods), and then tell us your registration category.

 

2. Download and signed entrust a Hong Kong registered trademark agreement;

 

3. Put a signed the agreement and related documents sent to our company:

 

(1) 25 copies of design of a registered trademark

(2) will use a simple description to a registered trademark of a product or service

(3) of the trademark owner (individual or company) identity documents; If is a person, for the copies of id card or passport; If it is the company registration certificate or business license to the company

(4) contact address information

(5) involved money payment certificate (documents, such as t/t transfer slip, etc.)

 

4. After receipt documents and confirm the payment term, our company will immediately start the registration of all matters.

 

If your registration opposition, this company is to handle the following matters, and charge separately.

 

To apply for the required information

 

The applicant can apply for registration of trademarks in Hong Kong. Such as entrust other application procedures, agents need to provide the following information and documents:

 

1. The applicant's name and address

2. The applicant identification document (e.g., for the company, shall provide the business registration certificate)

3. Company registration the applicant's nationality or location

4. The applicant's business nature

5. Design of a registered trademark

6. Class and goods/services in detail