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Trademark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colors, sounds, smells, the shape of goods or their packaging, and any combination of the above signs posed. Can be expressed graphically by the tag, it can be registered as trademarks.
A trademark is a mark that is used to promote and identify the owner’s goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or a combination of colours and includes any combination of such signs and three-dimensional shapes, provided that it is represented in a form which can be recorded and published, such as by way of drawing or description.
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Trademark registration grants trademark owners the exclusive rights to use the registered mark and to obtain statutory protection for its use.
A trademark registered gives the owner the exclusive right to use it as a brand name, license or sell it within the region for the goods or services specified in the registration. He can stop other people from using the trademark as their brand name on the goods and service under registration. For unregistered trademarks, owners have to rely on common law for protection. It is more difficult to establish one’s case under common law.
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A trademark can be registered if it is:-
(1) The name of a company, individual or firm represented in a special manner;
(2) The signature (except in Chinese characters) of the applicant;
(3) An invented word;
(4) A word that is not either descriptive of the goods or services for which the trademark is used or is not a geographical name or is not a surname; or
(5) Any other distinctive mark.
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There is no restriction on the nationality or place of incorporation of the applicant.
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After filing the application and no objections to the trade mark then the whole application procedure takes about 8 months from application to registration.
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Registration is for a period of 10 years and can be renewed for a further period of 10 years. Late renewal within 6 months after expiry is still possible on the payment of a late renewal fee. Failure to renew within 6 months after expiry results in the mark being removed from the register.
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The Hong Kong Intellectual Property Department will issue a certificate after the mark is registered. The certificate serves as evidence that a trademark has been formally registered.
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The protection period of a trademark when registered will last for a period of 10 years and can be renewed indefinitely for successive periods of 10 years.
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Generally there are 4 stages:
1. Pre-filing Trade Mark Search,
2. Application,
3. Publication and
4. Registration
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1. Applicant’s name
2. Applicant’s address
3. Applicant’s nationality, or the country where the company is incorporated
4. Copy of the trademark
5. Classification of the trademark
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In Hong Kong limited company registration and trademark registration are all separate. Different laws, managed be different government departments, regulate them. The Companies Registry is responsible for the registration of local companies and outside companies incorporated with an established place of business in Hong Kong.
The Intellectual Property Department Trade Marks Registry is responsible for trademark registration. If your company name is listed in the Companies Registry this does not mean that you automatically have the right to exclusively use the company name as a trademark for promoting or trading in goods and services.
You must make a separate application to the Trade Marks Registry in order to obtain legal protection under the “Trade Marks Ordinance”.
CLIENTS FOR HONG KONG COMPANY INCORPORATION SERVICES COULD ENJOY HK$100 DISCOUNT ON THE COMPANY SECRETARY & REGISTERED OFFICE SERVICES. CALL US AT 852-2234-0477.
We offer Hong Kong Company Incorporation services, the fee for our Lite package is HK$2,980, including all government fees, articles of association and stamps. Please contact us at 852-2234-0477. For more information, please visit our webpage.