The Introduction of Hong Kong Trademark Registration

Ⅰ. Introduction

Trademark is defined as any sign, or any combination of signs, which can be used to distinguish the goods or services of one company from those of other companies.

Trademarks may be one or a combination of words, letters, and numbers. They may consist of drawings, symbols, three-dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features. In addition, all of the goods and services are divided into 45 categories.

Ⅱ. The Advantages of Registering HK Trademark
Trademarks can protect your goods, services, company name, product names, Domain names, logos and slogans. Owners of registered trademarks have the ability to prevent others (i.e., their competitors and other third parties) from using their registered trademark without permission. Your registered trademark can also successfully prevent others from:

(A)- acquiring trademark rights in your trademark

(B)- claiming that you are infringing their trademark rights.

Ⅲ. Documents Required
1. The applicant's full name, address and nationality in both English and Chinese (translation); namely, the copy of business license.
2. Classification and designation of goods (International Classification) ;
3. The clear sample drawing of trademark
4. Power of Attorney duly signed or sealed by the applicant. No legalization or notarization is needed;
5.Service charge; The relevant application documents must be submitted to Intellectual Property Department

Ⅳ. Application Process

HK Trademark Design→　HK Trademark　Search→　HK Trademark Application　→Acceptance of HK Trademark Application　→HK Trademark Examination　→HK Trademark Publication　→HK Trademark Registration
1、HK Trademark Research
Before filing your application, please find out whether or not that trademark is already being used for the type of product or service that you wish to use it for.
We can search the HK Trademark with our own resources for you, which is free; also, there is another way to search trademark with related authorities, which takes some time and costs some money. The search result will minimize the risk for the whole application and registration process. Therefore, the search service with authorities is strongly recommended.

2、Submit Application of HK Trademark
An application must include the following documents before the HK Intellectual Department will accept it.
⑴Authorization letter of registration;
⑵ Qualification certificate of applicant; (usually business license)
⑶A clear drawing of the trademark;
⑷ A listing of the goods or services;
⑸ The filing fee for at least one class of goods or services.

3、Notice of Acceptance
When The HK Intellectual Property Department receives your application documents of trademark registration, they will give you an application number and issue the Notice of Acceptance within 1 month.

4、HK Trademark Examination
After the HK Intellectual Department determines that you have met the minimum filing requirements, the application is forwarded to an examining attorney. This may take several months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees.
A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.

5、HK Trademark Publication
If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, which is three months publication of the HK Intellectual Department.

6、China Trademark Registration
If no party files an opposition or requests to extend the time to oppose, the HK Intellectual Department will normally register the mark and issue a registration certificate. The date of filing the application will be the registration date.

Ⅴ. The Service Time and Fee

1. The time of HK trademark registration is according to the schedule of government. If the process of registered application is smooth, the total time is about 6 months.

2. The cost of applying registration is 3800 HK dollars.

Ⅵ. Other Trademark Service

·   Trademark licensing, renewal, assignment and alterations

·   Trademark opposition, review, cancellation and disputes

·   Trademark infringement (investigation, proof collecting, litigation, etc.)

·   Customs record of trademark

·   Trademark watch

·   Trademark counseling

Ⅶ. Contact Us for More Details:
Tel1: (86.20) 38888181；  Tel2: (86.20) 38888980; (You can inquire in English)