Matters to be Considered before Filing an Application

 

1. Is the trademark distinctive? (Distinctiveness: The trademark clearly sets the applicant’s goods and services apart from those of other traders)

2. Does the trademark show the distinctiveness of the applicant’s goods and services

3. Is the trademark a well known term in that line of business

4. Is the trademark the same or similar to other people’s trademarks

 

Documents Required for Trademark Application

 

1. A copy of current Business Registration Certificate of the applicant, if the applicant is a corporation

2. A copy of Identification documents of the applicant, if the applicant is an individual person

3. Clear image of the trademark

4. List of goods or services

 

Trademark Registration Flow

 

1.Trademark Search

Currently, two kinds of search services are available with Hong Kong Trademark Service:

(1) Free search, which lasts for 1 working hours.

(2)  Paid search service with authorities on agency basis, and the search result is for reference only. It will need 7-14 working days.

 

From Hong Kong Intellectual Property Department, we can get prior trademark records and the preliminary opinions on whether it has been registered or not. The search result will minimize the risk for the whole application and registration process. Therefore, the search service with authorities is strongly recommended.

 

2. Initial Application

Qualifications certification of applicant / clear trademark draft / goods or services to be registered / power of attorney for trademark registration / related fees

 

3.Notice of Acceptance

When Hong Kong Intellectual Property Department receives your application of Hong Kong trademark registration, they will give you an application number and issue the Notice of Acceptance within one week.

 

4. Examination

Two steps for examination: formal examination and physical examination. During the examination, Trademark Registry will examine whether the applied trademark complies with the registration provisions stipulated in Trademark Regulations.

 

5. Publication

After the application is examined by the Trademark Registry, it will be published in Hong Kong Intellectual Property Bulletin for three months, and if no notice of opposition, the application will proceed to registration.

 

6. Issuance of Certificate

After the application of trademark registration is approved, the detailed HKCFM of the trademark will be recorded in Registration Record Book and the applicant will receive a Registration Certification. In addition, the chief of Trademark Registry will announce the related registration in Hong Kong Intellectual Property Bulletin. The registering date is traceable to the date when application is submitted, in other words, the right as a holder of registered trademark starts from the day when application is submitted.

 

Time Required and Validity Period

 

Time: six months (if registration application runs smoothly)

 

Validity period:10 years after being registered successfully, no other fees during this period. Six months before the expiration of an application for renewal, renewal is valid for 10 years

 

For further information or assistance, please feel free to contact us

 

Tel: (86.20); 37887606         Mobile: 13928789801 (You can inquire in English)

Fax: (86.20); 37887609         E-mail:2291837655@qq.com

 

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