How to Register a Trademark in Hong Kong?

Hong Kong enjoys the reputation of Brand Capital. Therefore registering Hong Kong trademarks is an important method for global enterprises to promote their brands. In Hong Kong, the registration of company name and trademark are regulated by different laws and regulations. Trade Marks Registry is responsible for trademark registration. The registration of company name or business doesn’t mean that you have that name as a trademark.

According to relevant laws and regulations of Hong Kong, in order to obtain trademark rights in Hong Kong to protect their own interests, enterprises need to prepare the name and address of applicant or company name, company address, business registration certificate copy, logos and trademarks category, trademarks specified goods or other related information, and make an application to the Hong Kong Trade Marks Registry.

It takes several processes from registration application to complete as follow:

1.   Trademark Search

Before applying for trademark registration, you should carry out trademark search in Trade Marks Registry. The purpose is to rule out any rejection due to presence of prior identical mark or obvious similar mark. Meanwhile, the Trademark registry can provide the search result and preliminary views. At the same time, the related trademark records are open to public, so anyone has the qualification to check relevant trademark.

2.   Application Submission

You should prepare all necessary information which will be submitted to the Hong Kong Intellectual Property Department to apply for trademark registration by the agency on behalf. After accepting, the Hong Kong Intellectual Property Department will issue a notice of acceptance as well as application number.

3.   Review

The Trade Marks Registry will check the application documents whether they meet the registration requirements or not, if incomplete, the applicant should submit the required amendment or supplement within the specified time after receiving the notice. Once all the information is ready, the Trade Marks Registry will further examine to confirm compliance with registration requirements.

4.   Announcement

An announcement will be made for the trademark on Hong Kong Intellectual Property Journal for 3 months after the review of application. During the announcement period, the trademark will be successfully approved if no opposition is received.

5.   Approval of Registration

After announcement period, the detailed information of trademark will be recorded into register by Registry. The Applicant will receive the certificate of registration which will be republished in Hong Kong Intellectual Property Journal.

Besides, the registered trademark will be valid for ten years commencing from the date on which the registration is approved. If the registered trademark is needed for use after it is expired, an application for renewal of registration will be made within six months before the expiration. A six-month grace period will be given to a person who fails to apply within that period. If no application is filed before the grace period expires, the registered trademark will be cancelled.

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