Is it expensive to register a trade mark?

     For a straight forward registration, which most applications are, it costs only several thousands Hong Kong Dollar to register a trade mark and it takes about 6 months from application to approval and getting registration certificate.

Why is it important to Register my trade mark?

     The importance of having your own brand is undisputable. Registering your company/product trade mark is the first step to establishing your own brand. It is of utmost importance to register it before your competitor does and to obtain a early trade mark registration filing date to protect your brand.

     To be able to benefit from the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA) and obtain the Zero Tariff for China trade, having your own brand is a important factor to facilitate you in obtaining that status.

What is a trade mark?

     A trade mark is a distinctive sign that distinguishes the goods and services of one trader from those of others. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or "marks" on their products. Over the years these marks evolved into today's system of trademark registration and protection.

     Typically a trade mark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colors, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically by way such as drawing or description in order for it to be registered as a trade mark.

How long is the registration process?

     After filing the application and no objections to the trade mark then the whole application procedure takes about 6 months from application to registration.

Validity period and renewal

     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.

What is the procedure?

    Generally there are 4 stages:

1. Pre-filing Trade Mark Search,

2. Application,

3. Publication and

4. Registration

    Pre-filing Search – It is important to conduct a search of the trade mark prior to application to see if your trade mark is already registered or has been applied for by another trader.

     Application – After filing the application to the Trade Marks Registry, the Registry will issue a response to the application within 2 months. If the application is approved, the mark will be published. However if the Registry raises any objection to the application, it is possible to raise counter objection persuading the Registry to withdraw their objection.

     Publication – Once the trade mark has been accepted by the Trade Marks Registry for registration, it will be published in the Hong Kong Intellectual Property Journal for 3 months. Within this 3 months period, anyone can view your trade mark and may lodge opposition to it. If no objection is raised within this 3 months period, then an application can be filed for registration certificate.

     Registration – Once the 3 months publication period is over and your trade mark has been accepted for registration, the details of your trade mark will be entered into the trade marks register and a certificate of registration will be issued. The registration of your trade mark will date back to the filing date of your application which means your rights take effect from the filing date of the application.

What are the required information for filing?

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