A hong kong trademark https://www.accoladeip.com/us/en/trademark-search/ can be anything that distinguishes your business’ goods or services from those of others. It can be a color, sound or shape.
The trademark application will go through a series of tests to ensure that it meets the regulations. It will also be published for three months to allow other parties to file oppositions.
Trademark Search
A trademark is a sign that distinguishes the goods or services of one trader from those of another. It can consist of words, letters, signatures, numerals, images, and 3D shapes. Registered trademarks enjoy legal protection in Hong Kong and give the owner exclusive rights to use, license, or sell the mark.
It is important to conduct a search before filing an application in order to avoid rejection due to prior identical or obvious similar marks. We can conduct a free search through the online service of the Economic Services Department or the public computer terminals provided at the Reception Center.
The application for registration of a trademark is examined by the Intellectual Property Department (IPD) to ensure that it meets the requirements under the Trade Marks Ordinance and Trade Mark Rules. Once accepted, the trademark is published in the Hong Kong Intellectual Property Journal for three months so that third parties can oppose the application.
Trademark Registration
A trademark registration in Hong Kong gives the registrant exclusive rights for the goods or services specified in the application. In addition, it blocks others from registering similar trademarks. This helps enterprises build brand identity, expand business operations, and establish themselves as reliable entities in the market.
The process of trademark registration in Hong Kong involves conducting a search, filing an application form, and paying the relevant fees. Upon approval, the trademark will be published in the Hong Kong Intellectual Property Journal. Third parties may file opposition notices against the trademark within three months after the date of publication.
In the event of a trademark objection, it is possible to amend the application or appeal the decision through a hearing. However, the registration can only be granted if the applicant proves to the registrar that the trademark is distinct and unique in relation to the specified goods or services. Moreover, it should have been used or honestly intended to be used for a continuous period of three years.
Trademark Opposition
A person who wishes to oppose a trademark can do so within three months from the date on which the trademark is published in the Hong Kong Intellectual Property Journal. The applicant must respond to the opposition by either withdrawing their application or calling for a hearing.
Trademarks are governed by the Trade Marks Ordinance and the Trade Marks Rules. Some of the basic criteria include that the mark must be distinctive from other existing marks, it should represent a description of the goods or services offered by a business and it should not resemble a well-known term in the line of business.
The Trademarks Registry will review the application for registration to make sure that all requirements are met and to see if it is unique and descriptive. The applicant must be ready to provide detailed proofs in support of their application such as details of prior trademark registrations, information about the well-known status of a mark and the facts of bad faith.
Trademark Renewal
Trademark registrations are valid for ten years and must be renewed in order to remain in force. A renewal request should be filed and trademark renewal fees paid within six months of the expiry date in order to maintain protection under Hong Kong law.
Once a hong kong trademark has been registered, it confers the owner with exclusive rights to use the mark in relation to the goods/services specified in the application. A trademark application can be amended after it has been published, provided that the amendment does not affect the identity of the mark and the goods/services to which it applies.
Trademarks are a crucial asset for businesses and their owners, protecting the integrity of their brand and separating them from competitors in the market. Trademark applications are regulated by the Intellectual Property Department (IPD) and must be submitted through official channels. IPD will examine the trademark applications for compliance with formal requirements and conduct searches to identify possible conflicts with existing marks.
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