Trademarks may consist of words, shapes, colors or sounds. They can be registered in Hong Kong only if they are distinctive and not similar to an earlier trademark.
An application for a hong kong trademark https://www.accoladeip.com/us/en/trademark-search/ must be filed with the Trade Marks Registry of the Intellectual Property Department. The registry will then evaluate the application to ensure that it meets all of the criteria for registration.
Trademark search
As one of the world’s leading financial centres, Hong Kong’s free economic system and comprehensive infrastructure make it an attractive place to invest. Its strategic location, robust legal system, and low tax rate attract businesses from around the globe. Trademarks are a key asset for businesses, and registering them can help to protect a company’s image and reputation. However, the process of applying for trademarks can be confusing and time-consuming.
To avoid legal complications, businesses should consider hiring a professional to conduct a thorough trademark search before applying for registration. This will ensure that the trademark does not already exist and can save valuable time and resources.
A registered trademark can deter potential infringers and prevent them from using a similar mark. It can also boost a company’s brand image and improve its competitive edge. Moreover, a registered trademark can become a valuable business asset and serve as security to obtain loans. It can also facilitate international expansion.
Filing an application
After conducting a thorough trademark search, you can file an application with the Trade Marks Registry. You need to specify the class(es) of goods and/or services for which you intend to register your trademark. Goods and services are divided into 45 classes based on the Nice Agreement (sometimes referred to as the “Nice Classification”), which is adopted in more than 80 countries worldwide.
The Hong Kong intellectual property office will carefully evaluate your application to ensure it complies with the Trade Marks Ordinance and the Trade Marks Rules. If the intellectual property department finds no issues, your application will be accepted for registration and published in the Hong Kong Intellectual Property Journal. After publication, third parties can file an opposition. If you receive an objection, you can submit a counterstatement and have the matter considered by a hearing officer.
Once your trademark is registered, you will have the exclusive right to use it in Hong Kong for the goods or services specified in the specification. If you use the trademark in other parts of the world, you must also obtain registration in those countries.
Opposition
Hong Kong, a special administrative region of China, has a unique hong kong trademark law. It allows foreign brand owners to register their trademarks in a quicker and easier manner than in Mainland China.
Once the application is accepted in the examination process, it is published in the Hong Kong Intellectual Property Journal. Any interested party can file an opposition notice within three months after publication. The applicant can respond by filing a counter-statement. Afterwards, the Registrar will review both sides’ evidence and issue a decision.
In a typical case, the successful party will recover costs from the other side. The amount payable will typically include the cost of lawyers in Hong Kong and the fees of expert witnesses. This means that the success of your opposition will depend on how well you plan and prepare for it. The deadlines for launching an opposition in Hong Kong are extendable. However, the deadline for filing a counter-statement is not.
Registration
Once your trademark application has passed the formal examination and been found distinctive, it will be published in the Hong Kong Intellectual Property Journal. There is a three-month period where other parties can raise an opposition to your trademark application if they believe it is similar or identical to theirs. If there is an opposition, you can either withdraw your application or file a counterstatement.
If there is no objection, your trademark will be registered and you will receive a certificate of registration. It is valid for 10 years and can be renewed at the end of its period. Trademarks cannot be used for any unlawful purpose or in a way that is likely to cause confusion.
The process of registering a trademark in Hong Kong is relatively straightforward. However, it is important to conduct a search before filing your trademark. This will help you avoid wasting time and money. In addition, it is also important to make sure that the trademark you register covers all of your business’ goods and services.
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