How to apply to register a trademark in the Hong Kong SAR?
What is a trademark?
A trademark is a sign that distinguishes the goods and services of one trader from those of others. Typically a trademark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically in order for it to be registered as a trademark.
Why register a trademark?
Registering your trade mark means that you have the exclusive right to use the trade mark in relation to the goods and services for which the mark is registered. If other traders use it in the Hong Kong SAR in relation to the same or similar goods or services without your consent, they may be liable for infringement of your mark and you may take legal action. If you do not register your mark, it is harder to prove that you are the ‘owner’ of the mark and as such your protection is limited.
Trademark search
To conduct a search of the trademark register to find out if another trader has already registered or applied to register the same or similar trademark for the same or similar goods and services, you can conduct your own search online at esearch.ipd.gov.hk (full trade marks records are available online).
Submitting your trademark application
Once you have filled in the application form (Form T2) provided a graphic representation of your trademark and paid the required fee, we may then submit your application. Contact us if you have any questions
Registration and Publication of Trademark
Once your trademark has been accepted for registration, the Registrar of Trademarks will enter the details of your trademark into the trademarks register and you will be issued with a certificate of registration.
Notice of the registration will be published in the Hong Kong Intellectual Property Journal at http://www.ipd.gov.hk/eng/ip_journal.htm and the registration of your trade mark will date back to the filing date of your application. That means as the owner of a registered trademark, your rights take effect from the filing date of the application.
Time scale (how long does the process take?)
If there are no deficiencies in the application and no objections to the trademark then the whole application procedure can take as little as 6 months from receipt of application to registration.
Fees
The application fee for the registration of a trade mark is HK$2,000 plus HK$1,000 per each additional class of goods or services, if any.
Submitting your trademark application
Once you have filled in the application form (Form T2) provided a graphic representation of your trademark and paid the required fee, you may then submit your application.
Contact us if you have any questions.
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