Hong Kong’s reputation as a business hub grants registered trademarks regional recognition and enhances their brand value. This increases the likelihood of a company expanding into Asia and gives them a competitive edge over unregistered competitors.
The hong kong trademark https://www.accoladeip.com/us/en/trademark-search/ registry evaluates applications to ensure that they comply with the Trade Marks Ordinance and the Trade Mark Rules. It also ensures that there is no conflict with existing registered trademarks.
Trademark search
Whether you have an existing trademark or want to apply for one, it is essential that you conduct a comprehensive search before filing. The Hong Kong Trademark Registry will examine your application for compliance with the Trademark Ordinance and Trademark Rules and ensure that it is not similar to any other registered trademarks. If the Registry finds that your mark is likely to cause confusion, it will publish your application in the Intellectual Property Journal and allow any party to oppose it.
Trademarks are an important business asset and can help protect your brand image and reputation. However, navigating the trademark registration process can be complex and time-consuming, especially for foreign businesses. A professional trademark search agency can save you time and effort and help you avoid legal complications. Moreover, they can provide advice on the registrability of your trademark and offer guidance on preparing an application. The cost of a professional trademark search is typically less than the cost of an opposition or refusal to register.
Trademark registration
A trademark is a sign that distinguishes the goods or services of your business from those of other businesses. It may consist of words, colors, sounds, shapes, or a combination of these. It must be distinctive and relevant for the business field in which you operate. A trademark search is a good idea before filing, as it will help you avoid rejection by the Trade Marks Registry for being too similar to an existing registered mark.
Once your trademark application is accepted, it will be published in the Hong Kong Intellectual Property Journal. During the three-month period following publication, third parties can file an opposition to your trademark registration. If there are no objections, the Trade Marks Registry will issue a certificate of registration.
The trademark registration process takes about six months if there are no objections or oppositions. However, if the application is rejected or withdrawn, it can take up to 12 months. Once the registration is complete, your exclusive right to use your trademark will commence from the date of filing.
Trademark opposition
While trademark registration is not required for trade mark rights in Hong Kong, it is highly recommended for any business wishing to secure its trademark rights. Before a trade mark is registered, it must undergo an examination process and be published in the Hong Kong Intellectual Property Journal for three months. During this time, any interested party may file an opposition notice. If successful, the winning party is entitled to recover a portion of its legal costs from the losing party.
According to the Trade Marks Ordinance, the Registrar may reject your application for registration if it is found to be identical or similar to an earlier registered trade mark. If you observe an application that is similar to your own, you can file an opposition within three months from the date of publication in the journal. To launch an opposition, you must submit a statement and counter-statement along with the appropriate fee. The Registrar will then consider the evidence submitted and make a decision.
Trademark renewal
Trademark renewal is a requirement of all registered trademarks in Hong Kong. The process is simple and can be done online. However, the Hong Kong Intellectual Property Department (IPD) requires that the request be submitted within a deadline and that fees be paid.
The application will undergo a detailed examination that checks the trademark for compliance with Trademark Ordinance and Trademark Rules, as well as checking whether it is similar to any existing registered trademarks. If there are no objections, the trademark will be published in the Hong Kong Intellectual Property Journal. After the publication period, it will be registered and given a registration date that dates from the original submission date.
A hong kong trademark can be renewed for 10 years by paying the renewal fee and filing an application. A trademark that is not renewed in time will be withdrawn from the register. Alternatively, it can be restored within a non-extendible deadline by submitting a completed official form along with the required restoration fees.
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