Hong Kong 2019-11-09T06:09:16+00:00

Trademark Registration in Hong Kong. Register your trademark name, slogan, or logo today

 
 
 

We make it easy to trademark a name, logo or phrase

  • Quick and easy online questionnaire
  • We’ll search the federal database for direct-hits
  • Preparation & filing of your trademark application
Get In Touch

+1-646-980-2377

Trademark Registration in Hong Kong

A trademark is a sign that differentiates the goods and services of one trader from those of others. Typically a trademark can be words, indications, designs, letters, characters, numerals, figurative elements, colors, etc. A sign must be capable of being represented graphically for it to be registered as a trademark.

Registering your trademark means that you have the exclusive right to use the trademark about the goods and services for which the mark is registered. If other traders use it in Hong Kong, China about 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.

The registered trademarks are assets, which can be owned, while unregistered trademarks are not assets. As well, it is easier to protect your rights over a registered trademark. As the owner of a registered trademark, you will have the exclusive right to use the trademark about the goods and services for which the mark is registered. If others use your registered trademark in Hong Kong or a name that is identical or similar to your trademark about the same or similar goods or services without your permission, you may take infringement actions against them. Unregistered marks are preserved by the common law action of passing off. You must prove goodwill or reputation in the unregistered mark and must show that the other person understated his/her goods or services to be the goods or services under the unregistered mark and that person’s use of the mark will create your damage. Passing off is normally a more difficult action to bring than an action for infringement of a registered trademark.

Choosing a trademark

Some trademarks cannot be registered, or are more difficult to register, such as:

  • A person’s surname, if it is normal to practice surnames in the relevant trade and that singular surname has been used to a great extent in that trade.

  • A sign that is descriptive of products or services, such as “modem” for Internet modems, “email” for computer software products, “cool fresh” or “good nature” for cosmetic and skincare goods or products.

  • A sign that is devoid of distinctive characters, such as “wonderful” for processed nuts and “A New Way” for telecommunications services

  • A trademark that is confusingly related to a registered trademark

What Can Be Trademarked?

Who Can Apply For Trademarked ?

 

Any person or business claiming to be owner can apply for a trademark including :

  • Individual

  • Company

  • Proprietor

  • Society

It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.

Trademark Law in Hong Kong

 

The legal basis is the Trade Marks Ordinance, Cap. 559 (TMO) in force since April 4th, 2003.Even after the commission of Hong Kong to China, Hong Kong, and China have independent laws and there is separate trademark law in Hong Kong i.e. TMO. IP rights registered in Hong Kong will not be automatically preserved in China, and vice versa. The principles of “common law” practice. Trademark protection is achieved by registration. It can also be obtained by sufficient public recognition so to establish common law rights.

Rights of Trademark Owners

A registered trademark is personal property. The owner of a registered trademark has exclusive rights in the trademark which are infringed by the use of the trademark in Hong Kong without his consent. Generally, a person infringes a registered trademark if in the course of trade or business the person uses a sign which is identical or confusingly similar to the registered trademark about identical or similar goods or services. An infringement of a registered trademark is actionable by the owner of the trademark.

Your rights as the owner of a registered trademark involve but are not restricted to the following:

  • Right to obtain a court order (called an injunction) to stop a competitor from infringing your trademark

  • Right to obtain monetary compensation (called damages or account of profits) from an infringer that has unlawfully used your trademark

  • Right to get a court order for delivery up or disposal of infringing articles or elimination of an infringing mark

  • Right to grant a license to another person to use your trademark, in return for royalties and other payments

  • Right to sell your trademark

  • Right to make a gift of your trademark in your will.

Procedure For Trademark Registration

Steps to register trademark in Hong Kong

 
 

Benefits of Trademark Registration in Hong Kong

 
 

Trademarks are used throughout the world every day to support businesses interact with the world and to protect their intellectual property. You might be wondering whether or not you want a trademark for your business, so we have broken down a few of the best reasons why a trademark might be right for you.

 

Documents required for Trademark Registration in UAE

What Is Included In Our Package?

  • Consultation
  • Application Preparation
  • Name search & approval
  • Application Filing
  • Same day Filing
Service Cost
Trademark Search Free
Trademark Consultancy on Class and Availability Free
TM Application Filing + Drafting (Our Fees) $ 699
Total Cost $ 699 + Govt. Fees

Trademark search in Hong Kong

 

Trade Mark search permits for targeted searching of intellectual property cases by case number, owner, date, and more. Trademark search must be satisfied before filing a trademark application to find likely disputes with existing trademark applications or registered trademarks. You can do a trademark search by providing the wordmark and the class under which the search is to be done. Trademark application is organized under 45 different classes as per the NICE classification for trademark. All of the trademark class serves a different set of goods and services. In case you need to get the trademark class for a good or service, you can use our trademark class finder tool. Trademarkcart provide an easy way to perform a trademark search through this online tool.

Search you trademark in 3 simple steps

Step 1
Complete our trademark form.
Step 2
We will generate your Trademark application
Step 3
Final Wrap-Up of your Trademark Order.

Trademark Class

 

The term “class” as used with trademarks indicates the kinds of services and goods you wish to register. Basically, you need to put all the services and goods in the classes that they fall under and also give the class name when filling the application to register the trademark.

There is a wide classification as per the World Intellectual Property Organization (WIPO), used in Hong Kong. The class number varies from Class 1 to Class 45. When applying for trademark registration, you need also submit a record of all goods and services that you plan to apply for trademark registration.

The list requires to be based on the kind of goods and services to which it refers. It must also state the amount of the category in which the goods and services belong. This the trademark class followed by Hong Kong.

Goods and Services Category

  • Category 1: Chemicals for industrial, scientific and many agricultural activities. Unprocessed synthetic resins, plastics, fertilizers, fire-extinguishing and compounds preparations for quenching and welding.

  • Category 2: Pigments, rust inhibitors, wood preservatives, colorants, unprocessed natural resins, metal foils and powders for painters.

  • Category 3: Laundry bleach and other materials; cleaning, polishing, stain removal and grinding preparations; soap; spices, essential oils, cosmetics, shampoo; toothpaste.

  • Category 4: Industrial oils and greases, lubricants, composites for absorbing, wetting and bonding dust.

  • Category 5: Medicinal and veterinary preparations; medical hygiene preparations; nutritious foods and substances for medical or veterinary use, baby foods; dietary supplements for humans and animals; plasters, stretch materials; stuffing materials for dental use, dental waxes; Disinfectant; eliminate harmful animal preparations; fungicides, herbicides.

  • Category 6: Ordinary metals and their alloys; metal building materials; movable metal buildings; metal materials for railroad tracks; non-electrical cables for ordinary metals; hardware, metal hardware, metal pipes, safes, ordinary metal products not belonging to other categories.

  • Category 7: Machines and their tools, motors, and engines, non-manual agricultural equipment; incubators and vending machines.

  • Category 8: Hand tools and utensils (manual); knives, forks and spoons; carry-on weapons; razors.

  • Category 9: Science, navigation, surveying, photography, film, optics, scales, gauges, signals, inspection (supervision), ambulance (rescue) and teaching equipment and instruments; devices for handling, switching, transmitting, accumulating, regulating or controlling electricity and Apparatus; means for recording, communicating, reproducing sound or video; magnetic data carrier, recording disk; optical disk, DVD disk and other digital storage media; mechanical structure of coin-operated activation device; cash register, computer, data processing device, computer ; computer software; fire extinguishing equipment.

  • Category 10: Surgical, medical, dental and veterinary instruments and instruments, prostheses, false eye and dentures; orthopedics; suture materials.

  • Category 11: Lighting, heating, steam generation, cooking, refrigeration, drying, ventilation, water supply, and plumbing fixtures.

  • Category 12: Vehicles; land, air and sea carriers.

  • Category 13: Firearms; arms and ammunition; explosives; fireworks.

  • Category 14: Precious metals and their alloys, not belonging to other precious metal products or articles coated with precious metals; jewellery, precious stones; watches and clocks.

  • Category 15: Musical instrument.

  • Category 16: Paper and cardboard, not belonging to other types of paper and cardboard products; printed matter; binding supplies; photographs; stationery; stationery or household adhesives; art supplies; brushes; typewriters and office supplies (except furniture); Except); plastic articles for packaging (not belonging to other categories); printed typeface; printing plate.

  • Category 17: Rubber, guta gum, gum, asbestos, mica, and products of these raw materials that are not classified; molded plastic products for production; materials for packaging, filling and insulation; non-metallic hoses.

  • Category 18: Leather and faux leather, not belonging to other types of leather and artificial leather; fur; boxes and travel bags; umbrellas and parasols; canes; whip and harness.

  • Category 19: Non-metallic building materials; non-metallic rigid pipes for construction; tar, asphalt; movable non-metallic buildings; non-metallic monuments.

  • Category 20: Furniture, mirrors, photo frames; wood, cork, scorpion, rattan, wicker, horn, bone, ivory, whalebone and shell.

  • Category 21: Household or kitchen utensils and containers, combs, sponges, and brushes.

  • Category 22: Cables, ropes, nets and textile fiber raw materials.

  • Category 23: Textile yarn and thread.

  • Category 24: Cloth and textiles that are not of the same type; bed sheets; tablecloths.

  • Category 25: Clothing and shoes.

  • Category 26: Lace and embroidery, sashes and braids; buttons, collar hooks, pins and stitches; fake flowers.

  • Category 27: Carpets, mats, mats, linoleum and other flooring materials; non-textile wall slabs.

  • Category 28: Gaming equipment and toys; sports and sporting goods not belonging to other categories; Christmas tree decorations.

  • Category 29: Meat, fish, poultry and game, jams, eggs, milk and dairy products, edible oils and fats.

  • Category 30: Coffee, tea, cocoa and coffee substitutes; rice; edible starch and sago; flour and cereal products; bread, pastries and sweets; edible ice; sugar, honey, syrup; fresh yeast, baking powder; salt; mustard; Sauce (condiment); spice; ice.

  • Category 31: Cereals and other agricultural, horticultural and forestry products and malt.

  • Category 32: Beer; mineral and soda and other non-alcoholic beverages; fruit drinks and juices; syrups and other beverage preparations.

  • Category 33: Alcoholic beverages (except beer).

  • Category 34: Tobacco; smoking articles; matches.

  • Category 35: Advertising; business operations; business management; office affairs.

  • Category 36: Insurance; financial affairs; currency affairs; real estate affairs.

  • Category 37: Building construction; repair; installation services.

  • Category 38: Telecommunications.

  • Category 39: Transportation; packaging and storage of goods; travel arrangements.

  • Category 40: Material handling.

  • Category 41: Education; provide training; entertainment; cultural and sports activities.

  • Category 42: Scientific and technical services and related research and design services; industrial analysis and research; computer hardware and software design and development.

  • Category 43: Provide food and beverage services; temporary accommodation.

  • Category 44: Medical services; veterinary services; human and animal health and beauty services; agricultural, horticultural and forestry services.

  • Category 45: Legal services; services for the protection of property and personal safety; private and social services provided by others to meet individual needs.

The procedure for Trademark Registration in Hong Kong is similar to that of the Trademark registration in India.

Validity time of Trademark Registration

 

In Hong Kong, a registered trademark will be legally protected for 10 years from the date of its certified registration. Trademark registration is valid for up to 10 years from the filing date of the application and is renewable for similar periods in Hong Kong.

When the renewal is not done as soon as possible, there will still be a grace period of 6 months. It must also be seen that a registered trademark can be asked to be cancelled by any interested party if the said trademark is not used for 5 consecutive years in the Hong Kong from the date of its filing.

Trademark Protection

 

In Hong Kong the main protection comes from the rule first-to-file and first-to-use function. Trademark protection in Hong Kong is possible by registration with the Intellectual Property Department. This step is helpful for business owners who want to use particular items to identify their business and make it different on the market. It is also necessary for foreign companies that open a branch in Hong Kong to register details linked with their company worldwide.

The Trade Marks Ordinance and the Trade Marks Rules are 2 major legislative documents that direct the acceptance and registration of trademarks on the territory of Hong Kong. Some of the most significant criteria involved in the ordinance demand that the trademark must be distinctive from other existing ones, it must represent a description of the services given by the company and it need not be a well-known term in the line of business.

Trade Mark Infringement: Hong Kong’s Approach

In Hong Kong, an illegal use of any mark similar to a registered trademark in the course of trade or business on identical or similar goods or services registered under the registered mark, and which creates confusion to the consumers, creates trademark infringement (s.18 of the Trade Mark Ordinance (Cap. 559) (“TMO”)). A trademark includes words, indications, designs, letters, characters, numerals, figurative elements, etc any combination of such signs.

Section 18(5) of TMO clarifies the meaning of “use” by providing that a person uses a sign if he or she:

  • Applies it to goods or their packaging

  • Offers or displays goods for sale under the sign

  • Puts goods on the market under the sign

  • Stocks goods under the sign to offer or expose them for sale or of putting them on the market

  • Offers or supplies services under the sign

  • Imports or exports goods under the sign

  • Uses the sign on business papers or in promoting and advertsing

Testimony

slide-3

Trademark Cart is the best in the business! They are very reliable and care tremendously about their clients. I recommend their trademark services. You will not be disappointed at all!

Image

Will Murphy

slide-2

Trademark Cart helped me obtain my trademark hassle free! Great group of people to work with! Timely, efficient, considerate, and very informative!

Jessica Whitefield

slide-1

It was an absolute pleasure to work with Trademark Cart. I appreciated all the help and guidance. It is rare to find such superior services for such a reasonable fee.

Image

Kabir Khattar

Frequently Asked Questions

What is trademark?
How to get trademark registration done in Hong Kong?
How much trademark registration cost in Hong Kong?
What is the process to get the trademark registered in Hong Kong?
Which documents are required to get trademark registration in Hong Kong?
What if I want to trademark my nonprofit, social media group or social club?
What is a trademark and why do I need it?
What’s the difference between copyright, patent, and trademark?
What is a common law trademark and why do I need to apply for trademark registration in Hong Kong for my mark?
What makes a good name?
What information will I need to provide for trademark registration in Hong Kong?
What are the different kinds of Mark?
Why there is need to search for a similar trademark registration in Hong Kong?
What is the difference between use and intent to use?
Why is trademark a name or logo?
I was allowed to incorporate with my name, why is that not enough?
How do I decide which category to use?
How to choose the Right category?
How to decide what description to use?
How to describe your goods and services?
I have my domain, so why do need a trademark registration in Hong Kong?
What are the benefits of Trademark registerion in India the mark?
Is there any need to register the web address or the plural version?
Do I need to register my slogan?
How long does the process will take after I submit my mark for trademark registration in Hong Kong?
Why would I want to disclaim the part of my trademark registration in Hong Kong?
When would you need to choose the disclaimer?
How do I apply to trademark registration in Hong Kong for my band name?
Can I apply for trademark registration in Hong Kong for my birth or surname?
Can I trademark my written work?
How do I apply to trademark registration in Hong Kong for my fashion brand?
Do I identify the software as goods or services for a trademark registration in Hong Kong?
What is the Supplemental Register?
What is the validity of Trademark registration in Hong Kong?
How much time does it take from trademark registration in Hong Kong?