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Frequently Asked Questions |
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Is it expensive to
register a trade mark? |
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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? |
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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. |
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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? |
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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. |
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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? |
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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 |
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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? |
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Generally
there are 4 stages:
1. Pre-filing Trade Mark Search,
2. Application,
3. Publication and
4. Registration
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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.
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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.
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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.
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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? |
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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
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