Starting Business can offer a range of trademark services from the initial design to the search and registration of the mark in Hong Kong. Our selection of services provide effective guidance and consultation for individuals and companies worldwide who wish to have a Hong Kong trademark. Our professional and skilled consultants are able to draw on international resources to facilitate the search, registration and renewal of a Hong Kong mark.
The Hong Kong Intellectual Property Department is the registry responsible for providing the framework for registering for intellectual property in Hong Kong SAR. The Intellectual Property Department was established on 2nd July 1990 in a bid to take over the responsibility of the Registrar General’s Department. The primary focus of the Intellectual Property Department is to receive applications for the registration of trademarks and patents and either reject or accept the application by which it will then be registered.
A Hong Kong trademark must be capable of being represented graphically and further to this, be distinguishable from those marks of other undertakings. For a mark to be approved registration, it must be available (not in use) and this can be ascertained by performing a thorough search with the Intellectual Property Database for Guangdong, Hong Kong and Macao. A trademark can be one or a combination of, personal names, letters, shapes, words, designs, colours, to name only a few. A Hong Kong trademark cannot however be of a descriptive nature, similar or the same as another mark in use.
The validity period of a Hong Kong trademark is 10 years from the date of registration and this can be renewed on expiry every 10 years thereafter. It is important to use the mark in accordance to relevant trademark law so as to avoid any risk of rejection for renewal or removal from the trademark database.
The applicable trademark law of Hong Kong incorporates the Trademarks Ordinance Cap. 559 and the Trademarks Rules Cap. 599A, both effective on 4th April 2003. The legislation for trademark regulation and protection is completely different to the legislation adopted in China. The Trademarks Ordinance 559 replaced the Trademarks Ordinance 43. The new law introduced various changes to the scope of a Hong Kong trademark including; reducing the period of revocation on grounds of non use from 5 years to 3 years. Some of the additional changes to the Law include;
Under Hong Kong trademark law, where the registered mark has not been used in a genuine manner for a minimum of 3 consecutive years post its registration, the mark may be revoked. Only where the reason for non-use can be reasonably explained may the rights of a trademark remain the property of the owner.
Starting Business can provide comprehensive consultation for your Hong Kong trademark registration, from assisting you with the initial search to administering the relevant documentation. We are experienced in all aspects of trademark registration, from the initial designing process to ensuring successful mark renewals.
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