Conpak CPA Limited > Trademark Registration > Hong Kong Trademark Registration

Hong Kong Trademark Registration

As an international metropolis with well-developed information system and the world's most liberal trade port combined with good infrastructure and a sound legal system, Hong Kong provides a unique business environment for investors and enterprises. Therefore, more and more businessmen holding different purposes set-up companies, register trademarks and build up their own international network. All these will not only bring high returns to enterprises and help them create their own brands, but also enhance the competitiveness of enterprises willing to increase profit margins and create a better environment.

Advantages

  • Ensure the legitimate use of trademarks and prevent infringement
  • Invest as intangible assets of the enterprise, helping to provide assets assessment of the stock listing or acquisition
  • Avail industrial advantages of Hong Kong and international reputation to create Hong Kong brands to increase the influence of the products or services
  • Protect the safety of re-exported goods by Hong Kong’s trademark register

Please note that the registered trademark will be valid for ten years from the date on which the registration is approved. An application for renewal of registration will be made within six months before the expiration date. A six-month grace period will be given to the person who fails to apply within that period. If no application is filed before the grace period expires, the registered trademark will be cancelled.

Required Information

  • Address of applicant
  • Graphic design of trademark
  • Name of the applicant or company name
  • Designated products or services for the trademark
  • The nationality of applicant or registration country of company

Procedures

To register Hong Kong trademarks, there are four steps:

Firstly, Trademark Search

To protect the interest of ownership of the trademark, applicants are required to carry out trademark search before registration. It is important to rule out any possibility of rejection due to presence of prior identical brands and to protect the interest of trademark owners.

Secondly, Application Submission

Once confirmed no similar or identical trademark exists, the trademark owner can entrust an agency on behalf of him/her to submit an application to Hong Kong Trademark Registry. Hong Kong Trademark Registry will audit the application files and issue a notice whether to accept the application or not within 2 months.

If the application is accepted, Hong Kong Trademarks Registry will issue an announcement in Hong Kong Intellectual Property Journal. However, if the application is rejected, Hong Kong Trademarks Registry will raise objections so the applicant can make related revise to comply with requirements within six months and resubmit to Hong Kong Trademarks Registry for re-examination.

Thirdly, Announcement of Trademark

An announcement will be made in Hong Kong Intellectual Property Journal 3 months after the review of the application. Anybody can raise their objection or opposition within 3 months. If no objection or opposition is received during the announcement period, the trademark will be successfully approved.

Fourth, Issue Certificate of Application

After a 3 month announcement period, Hong Kong Trademarks Registry will record the trademark into the registry and issue the certificate of registration. The registration date will be traced back to the submission date of application the ownership of the trademark will be counted from the date of the application submitted

The Design Requirements

  • A trademark may consist of words, indications, designs, letters, characters, numerals, figurative elements, colors, sounds, smells, shape of goods or even packaging and any combination of the above signs.
  • A trademark must be represented on written or graphic. If the trademark is in three-dimensional shapes (colors, sounds or smells) the applicant is required to provide a clear description.
  • Applicant shall require a three-dimensional shape to be registered as trademark or the element of trademark, in addition to the proprietary mature, and claims that the shape is the trademark or the trademark element, otherwise the trademark shall not be treated as the shape of the trademark
  • An applicant requesting a color or more to be registered as part of the trademark should keep in mind that a proprietary statement claiming the color or colors must be inserted to the trademark elements. Otherwise, the relevant trademark shall not be treated as a trademark with color.
  • If an entire trademark or a part of the trademark consists of sounds, the applicant needs to declare the relevant facts and provide description of the trademark.
  • If an entire trademark or a part of the trademark consists of smells, the applicant needs to declare the relevant facts and provide description of the trademark.

Validity

The registration date of the trademark will be dated back to the date on which the registration application is submitted. If the registered trademark is needed for use after it has expired, an application for renewal of registration will be made within six months before the expiration date. A six-month grace period will be given to the person who fails to apply within that period. If no application is filed before the grace period expires, the registered trademark will be cancelled. The renewal of each registration will be valid for ten years, and an announcement for renewal registration approval will be issued.