A Guide to Registration of Trademarks in Hong Kong

A Guide to Registration of Trademarks in Hong Kong
4 min read
07 October 2022

The objective of a trademark is to differentiate your company from others. Not only does it show that you are the owner (protecting you from other firms utilizing or abusing it), but it also prevents unauthorized usage. It is also a strategy to distinguish yourself from rivals and preserve your competitive edge.

Even though it is not required, a registered trademark might be a significant advantage when you need to register new company name for your company in Hong Kong. This post will examine the application procedure in further detail.

Which Products May I Trademark in Hong Kong?

The general guideline is that everything you want to trademark must be capable of being represented visually.

The Hong Kong Intellectual Property Department specifies the following goods or signs that may be eligible for trademark registration:

  • A word, group of words, or phrase (think abstract words or personal names)
  • Symbols, numbers or characters
  • Packaging form or style
  • Pictures, forms or figurative elements
  • Colors, noises, and odors

Seems Fairly Broad, Don't You Think?

You are free to pick a trademark that resonates with you, but keep in mind a few more characteristics that are crucial to the procedure. Consider these as recommendations that will assist you in making your ultimate selection.

What are the essential qualities of a trademark?

Let's dissect a few features to bear in mind while filing for a trademark in Hong Kong, and more significantly, the reasons why they are significant.

  • Relevant: Consider the trademark you are seeking and then your company. It should be aesthetically related to your profession or provide some context. In short, if something is relevant, it should make sense.
  • In addition to being useful, your trademark should be readily distinct and related to your company and service.
  • If you propose a term, mark, symbol, or phrase for your company that is currently in use by another firm, your application is unlikely to be accepted.
  • Similarity: Your proposed trademark should not sound or seem similar to any existing registered trademark.

Regarding the latter three items, there is no need for guesswork. In truth, there are techniques to determine if the desired trademark is already in use (saving you time and money down the line).

To Register or Not To Register?

You may check an official internet database to determine the chance that your application will be approved. You may choose to pay a charge (we'll get to that shortly) for this service, or you can search the Trade Mark Search database online.

I'm Ready to File My Trademark Application! What Follows?

Next is the application procedure. This involves preparing your application form for submission to the Trademarks Registry.

The form requests your and your company's details. It will also include a formal request for trademark registration (with a graphic representation of the property) and a short description of the items and services your brand will represent.

What Happens After I Submit My Trademark Application?

After submitting a completed application form to the IPD, a number of significant stages occur. We've elaborated on them to offer you a better understanding of how the whole process works.

  1. Application submission: We've previously discussed this, but to reiterate, here is where you submit your form and information about the "mark" you're seeking.
  2. Checking for deficiencies: Your application is reviewed to ensure that they adhere to the IPD's criteria and standards.
  3. Search & examination: This is where your trademark application is examined and verified to ensure that it is unique so that it may be allowed for registration.
  4. Publication for opposition: Your trademark application will be in the Hong Kong Intellectual Property Journey. If a third party disputes it within three months, you'll be told why.
  5. Registration: If everything goes well, your trademark will be published in the Journal, and you'll acquire a registration certificate.

Do Fees Apply to Trademark Registration?

Yes. The cost depends on what you register for or utilize. Prices may vary, so double-check while registering. Registration fees are non-refundable, so submit a comprehensive application.

You can learn more about the business registration Hong Kong with Fintech Harbor Consulting

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Alex 9.8K
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