A trademark is a sign that distinguishes the goods and services of one trader from those of others. Typically a trademark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically in order for it to be registered as a trademark.
Registering your trademark means that you have the exclusive right to use the trademark in relation to the goods and services for which the mark is registered. If other traders use it in Hong Kong, China in relation to the same or similar goods or services without your consent, they may be liable for infringement of your trademark and you may take legal action. If you do not register your trademark, you may still use it but it is harder to prove that you are the "owner" of the mark and as such your protection is limited.
The Right of Priority on Hong Kong Trademark Registration
An applicant may enjoy the right of priority on trademark registration in Hong Kong if he/she has filed an application for trademark registration for the same goods or service with a state party to Paris Convention or a WTO member state within six months before filing such application in Hong Kong.
Matters to be Considered before Filing an Application
- Whether the trademark distinguishes the applicant’s goods or services from other traders
- Whether the trademark shows the distinctiveness of the goods and services
- Whether the trademark is a generic term in that industry
- Whether the trademark is identical or similar to other trademarks
Required Information and Documents
- Corporation Applicant: Business Registration Certificate / Certificate of Incorporation
- Individual Applicant: Identity documents and address proof
- Application form
- Trademark image
Duration of Application
Renewal application for 10 years may be submitted 6 months before the expiry.