Enhance Your Brand's Commercial Protection
Depending on your business's location, your brand may receive varying levels of protection under different trademark treaties. We will leverage our expertise in international intellectual property protection to ensure your brand is adequately safeguarded in all areas where you operate or plan to expand. Our services include conducting an initial trademark search, ensuring your application is accepted, and providing reliable legal advice throughout the process.
What is a Trademark?
A trademark is a type of intellectual property protection that serves as a sign distinguishing one trader's goods and services from those of others. To be registered as a trademark, it must be capable of graphic representation. In Hong Kong, you can register your trademark if you are currently using it or plan to use it shortly. Actively using the trademark is essential, as registered trademarks that have not been continuously used for at least three years may be revoked for non-use.
Benefits of Registering a Trademark
Registering a trademark offers two main advantages. First, it establishes a legal presumption of ownership and grants exclusive rights to use the trademark in Hong Kong and other jurisdictions. Second, it enables the trademark owner to take legal action against any third party that infringes on the trademark.
What we can and cannot do with Trademark
CAN
Trademarks can include words (including personal names), symbols, designs, letters, characters, numbers, figurative elements, colors, sounds, scents, the shape of goods, their packaging, or any combination of these.
CANNOT
Creative works like books, films, songs, and theatrical performances are protected by copyright. Inventions, mechanical devices, business methods, and processes can be safeguarded by utility patents. Additionally, ideas alone, without tangible representation, cannot be protected by any form of intellectual property.
What You Need to Register a Trademark
To file a trademark application in Hong Kong, you will need the following:
- Business Registration form or ID card of the trademark owner
- Applicant’s details, including phone number, email address, and correspondence address
- A graphic representation of the trademark in digital formats (such as JPG or PDF), along with the trademark text. If applicable, the trademark must also specify colors (in Pantone).
Simple Steps to Register a Trademark
1. Conducting a Comprehensive Trademark Search
Before filing your application, we will review existing trademarks in your industry and geographical area to ensure there are no conflicts. The final report will include the search results and an analysis of the likelihood of registering the trademark.
2. Submitting the Registration Request
Next, we will prepare and submit your trademark application to the Trade Marks Registry at the Intellectual Property Department of the Hong Kong SAR.
3. Obtaining the Registration Certificate
If there are no objections to your proposed trademark, or if any objections are resolved in your favor, your trademark will be successfully registered, and you will receive a certificate of registration.
Frequently Asked Questions
The Intellectual Property Department charges an application fee of USD$2,000 per class for trademark registration in Hong Kong.
In a straightforward case with no issues in the application and no objections, the trademark registration process can take as little as six months from the receipt of the application to registration.
A trademark can generally consist of words (including personal names), symbols, designs, letters, characters, numbers, figurative elements, colors, sounds, scents, the shape of goods, their packaging, or any combination of these.
No, trademark registration must be pursued in each individual jurisdiction.
