Services - Trademark Registration
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 intention 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 includes the 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.
Difference between Trademark Registration and Company Registration
Separate laws and systems regulate the registration of company names, business names and trademarks in Hong Kong. A company name registration at the Companies Registry or a business name registration at the Business Registration Office (Inland Revenue Department) is not the same as a trademark registration at the Trade Marks Registry. A business or company name registration is not an indication of trademark rights.
A Hong Kong business registration certificate or a company registration certificate does not by itself indicate that the business or company has rights to use its name or a trademark in promoting and operating goods and services.
A trademark registration is a guarantee of enjoying registered trademark rights in Hong Kong *. On-line and free of charge, clients can check the information of registered trademarks, owners and persons or companies licensed to use the trademarks in Hong Kong at : http://ipsearch.ipd.gov.hk
Flow of trademark registration
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 intention 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 includes the 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.
Difference between Trademark Registration and Company Registration
Separate laws and systems regulate the registration of company names, business names and trademarks in Hong Kong. A company name registration at the Companies Registry or a business name registration at the Business Registration Office (Inland Revenue Department) is not the same as a trademark registration at the Trade Marks Registry. A business or company name registration is not an indication of trademark rights.
A Hong Kong business registration certificate or a company registration certificate does not by itself indicate that the business or company has rights to use its name or a trademark in promoting and operating goods and services.
A trademark registration is a guarantee of enjoying registered trademark rights in Hong Kong *. On-line and free of charge, clients can check the information of registered trademarks, owners and persons or companies licensed to use the trademarks in Hong Kong at : http://ipsearch.ipd.gov.hk
Flow of trademark registration
- Trademark Search
- Initial Application
- Substantive Examination
- Publication
- Issuance of Certificate
If you would like to obtain further information on above service, please contact our professionals and we will provide you with free advisory. (852) 2722 0308
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