Introduction
Trademarks are protected in Hong Kong by the Trade Marks Ordinance and by the Common law doctrine of passing off.
The protection by passing off alone is the last resort. Enforcement by way of passing off entails copious proof of establishment of goodwill. Unregistered mark also leaves the trademark register wide open for third party to register an identical or similar mark to it.
Trademark application in Hong Kong can be based on intent to use basis. No proof of use is required for the issuance of the trademark certificate or for renewal. Nevertheless, if a registered trademark is not used in Hong Kong for any continuous period of 3 years, any interested person can apply for its removal on the ground of non-use.
What counts as use include use in Hong Kong by the owner, its licensee or any person with the owner's consent. Registration of licensee is not mandatory but is advisable from the point of view of the licensee.
Foreign company or individual can apply to register their marks in Hong Kong without nationality restriction or residency requirement.
Benefits of Reg Trademark
Registration ensures that you can safely use your trademark without worrying about any unintentional infringement on third party's trademark.
Trademark certificate is the best proof of your claim on the mark.
Registration enables lawful use of ® next to your trademark.
Registration blocks other people from registering an identical mark on your specified goods.
Registration gives you a good ground to oppose any attempt by your competitors to register a confusingly similar mark.
Registration empowers you to take legal action against counterfeiters.
Registered trademark is a corporate asset which is useful when making valuation of your company in M&A or IPO situations.
Registration in an important city and trading centre like Hong Kong is essential for export or global marketing plans.
Fees
Our fee is HK$8,000 for 1 product category. The product categories are defined by the classes in the Classification of Goods and Services.
The fee is all-inclusive. Neither the Registry nor us charge any fee on publication, registration and issuance of the trademark certificate. Nor do we charge any miscellaneous disbursement.
If additional product category is needed, each is only HK$1,500 all-inclusive.
In the minority event of any serious objection by the examiner during substantive examination, or in the rare event of any opposition by third party after publication, the complicated application will be abandoned, and the client will be given another chance to apply using a new mark at official fee only.
Timeframe
Hong Kong trademark application usually takes 5 to 10 months to complete :-
Filing receipt and Application number 1 day
Application searchable in official website 2 days
Formality examination within 6 months
Substantive examination within 3 months
Opposition period after publication 3 months
Issuance of trademark certificate 3 weeks
Upon registration, a registered trademark is first valid for 10 years and is renewable indefinitely for further periods of 10 years each by paying the renewal fee.
Details Required
1. Description of goods and services.
2. Logo or stylized mark in .jpg format