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


Frequently Asked Questions

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Trademark Application in Hong Kong / Application for Trademark in Hong Kong

Trademark Registration in Hong Kong / Registration for Trademark in Hong Kong

Hong Kong Trademark Application / Hong Kong Trademark Registration

Trademark Renewal in Hong Kong / Renewal for Trademark in Hong Kong

 


Important:


The information provided on this website is for your reference only, which  does not represent legal advice.