Hong Kong trademark registration
1. Advantages of Hong Kong trademark registration
Hong Kong is a world-renowned free port and financial center with a sound legal system and infrastructure, making it a favored investment destination for global companies.The registration of business standards in Hong Kong can quickly improve the visibility and competitiveness of enterprises, and help overseas investors rely on Hong Kong to develop the mainland market.
Principles of protection:
A prior to use
2. Types and validity of trademarks
Trademark type:
Commodity trademarks, service trademarks, serial trademarks, defensive trademarks, body trademarks, odor trademarks, certification trademarks
Validity and renewal of trademarks:
The term of validity of the Chinese trademark shall be 10 years
Trademark revocation:
Any registered trademark that violates the relevant provisions of China's trademark law or ceases to be used for three consecutive years will be revoked by the trademark office according to law.
3. Requirements and procedures for trademark application
Application requirements:
Hong Kong law has no special requirements on the subject qualification of trademark applicants. Any natural person or legal person team can apply for registration. A natural person only needs to submit a photocopy of his/her personal id card or passport for registration, and the legal person needs to provide a photocopy of the business license.
Trademark rights:
The time for acquiring trademark rights in Hong Kong shall be counted from the date of filing the application for trademark registration.
Priority:
The applicant may enjoy priority in the registration of a trademark if, within six months prior to the filing of the application for a trademark in Hong Kong, an application for the registration of that trademark for the same product or service has been filed with the state of the Paris convention or a wto member.
Registration time:
About 6-8 months
Registration search:
When registering a Hong Kong trademark, it may be rejected by the Hong Kong intellectual property department because the previous trademark or similar trademark has been registered.
Registration information required:
The name of the commodity or item list of the trademark to be protected in Chinese or foreign language
Registration process:
Submission of trademark search - application for initial approval - formal approval - gazetted - certificate collection
Hearing of opinions:
If an application for registration of a trademark does not comply with the registration requirements of the Hong Kong trade marks ordinance, the trade marks registry will give its opinion on the trademark. The applicant must reach the relevant requirements within 6 months.If the amendment does not meet the requirements, the applicant may request a hearing within 3 months from the date on which the trademark registry makes another submission.
Statement of objection:
After the application is accepted by the trademark registry, it will be published in the Hong Kong intellectual property gazette for three months during which any person may object to the application.The applicant may withdraw the application for registration or file a counterclaim, and the trademark registry may arrange for the opposition and the applicant to appear before the hearing and make a ruling.
Tip:
The trademark applicant is required to provide a Hong Kong delivery address, telephone number, fax number and email address for the trademark registry to contact at any time.P.o. box or "care" addresses are not accepted by the Hong Kong trade marks register.
Trademark change:
A registered trademark in Hong Kong may change such matters as the name and address of the trademark applicant, registrant, etc., but only so long as the changes made do not significantly affect the essence of the trademark.
Trademark transfer:
Hong Kong registered trademarks can be transferred through transfer, in the same way as other non-land property transfer.Hong Kong trademarks may be transmitted independently or in connection with the goodwill of any business.
Trademark licensing:
Hong Kong trademark licensing is divided into general licensing or limited licensing.The franchise must be made in writing and signed or sealed by or on behalf of the grantor, unless otherwise provided, the franchise is binding on the successor to the grantor's interest.
Hong Kong trademark rights protection:
Trademark opposition:
In Hong Kong, any person may object to a trademark application published.The opposing party shall file a notice of opposition within three months from the date of publication of the trademark, and provide evidence within a specified time limit.If the opponent loses the hearing arranged by the trade marks registry, he may be required to pay costs to the other party.
Tort action:
The owner of a registered trademark may Sue for infringement of that trademark.In the anti-infringement process, the owner of a registered trademark may receive relief in the form of damages, injunctions, surrender of profits or other forms.
FUTURE WELL License Consulting Center has rich experience in trademark registration for many years, which can help you deal with trademark registration and application, saving customers' precious time and energy, and being your faithful partner on the road to success.
4. Fees for trademark agency registration
It depends on the complexity of each case.