Trade Mark
Trade Mark Registration in Hong Kong
A sign that distinguishes the goods
and services of one trader from those of other could be applied for
registration as a trade mark, including certification,
collective or defensive mark. For a trade mark application,
sound, smell, 3-D shape
or colour(s) may be claimed as element(s) of the trademark.
Trade Mark Search
Official
Search
If a
search should be conducted before the application is filed, it is
highly recommand the official search, i.e. filing requests for “search
for records” and
also “preliminary advice on registrability” with the Trade Marks
Registry to
obtain the registrar’s opinions for the inherent registrability of the
mark and whether there is prior trade marks. Normally, the registrar
will issue an official report about two to four weeks.
Unofficial
Search
If required, we are pleased to
privide the unoffical search service by checking prior trade marks in
the records of the Trade Marks Registry by our firm.
Trade Mark
Application
For filing the new application, the
following information is required:
1. The full name and address of the
applicant. If the applicant is a Japanese or Korean company, the
transliteration of the applicant’s Japanese or Korean name in Roman
Letter is required, such as XXX KABUSHIKI KAISHA, XXX JOOSIKHOISA.
2. Clear presentation of the mark.
(jpg format is preferred)
3. Class(es) and goods or services
list.
- On the basis of 11th
edition of Nice Classification, which can be viewed at http://web2.wipo.int/classifications/nice/nclpub/en/fr/home.xhtml
- As
well as the specific items, the Classes headings are also acceptable.
- No limitation for the
numbers of the items in
each class.
4.If the priority right is claimed,
the Convention priority details, i.e. priority date, priority country
and prior application number, should be provided.
Please be noted the follows:
1. No Power of Attorney is required.
2. It is possible to file a series of
marks in one application with two to four trade marks resembling each
other as to their material particulars and differing only as to maters
of a non-distinctive character not substantially affecting the identity
of the trade mark in Hong Kong, e.g. Mark A is a colour mark and Mark B
is black and white in color, Mark A in Capital letters and Mark B in
small letters, or Mark A in tranditional Chinese and Mark B in
simplfiled Chinese. The filing fee for a series of marks
is the same of a single mark.
3. Multi-class applications are
available in Hong Kong.
Procedure
and timeframe
1. Filing Application
2. Deficiencies Checking – about two
months
3. Substantive Examination – about 1
to 6 months
4. Publication for Opposition – 3
months
5. Registration – about half month to
1 month
If there are no deficiencies in the
application and no objections to the trademark, the whole application
process might be taken as little as 6 months from receipt of
application to registration.
Term of a trade
mark registration
The Trade Mark registration is valid
for a period of 10 years from the date of registration and may be
renewed every 10 years from the date of expiration of the last
registration.
Renewal
The renewal fee could be paid within
six months before the expiry date and the grace preriod for paying the
renewal fee togther with the late payment charges is six months from
the expirty datｅ．
Should you have any question or enquires,
or we can be of any assistance, please do not hesitate to
contact us by email to mail@wisely-mansion.com.hk.
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Important:
The information provided on this website is for your reference only, which does not represent legal advice.
