CentreO Blog

What is a trademark?

Trademarks are signs used to distinguish in the marketplace the goods or services of one enterprise from those of other enterprises. They allow customers to identify a business as the source of a product or service.

Why you need to register a Trademark?

Registering your trademark means that you have the exclusive right to use the trademark in relation to the goods and services for which the mark is registered. If other traders use it without your consent, they may be liable for infringement of your trademark and you may take legal action. If you do not register your trademark, you may still use. Then it is harder to prove that you are the “owner” of the mark and as such your protection is limited.

Who can own a Trademark?

The trademark owner can be an individual, business organization, or any legal entity.

What is the Application Process?

In Hong Kong, Intellectual Property Department (IPD) handles a trademark registration. There are 6 steps:

Step 1: Application

Submit your application form to IPD, then IPD will issue an application number.

Step 2: Deficiencies Checking

IPD officer will carry out a thorough check of the application form and any attachments. The aims is to see if all the necessary parts of the form have been filled in, if they are correct and if any required information is missing.

If you need to provide extra information to remedy the deficiencies, then you have to submit within 2 months after the date of Registry’s Notice. For the minor amendment, such as updating the class number. It will not affect the filing date. However, if you have not provided the image of your trademark, then it will affect the filing date.

Once you have submitted your application, IPD will not accept any change to the image of your trademark.

Step 3: Search and Examination

When all documents are completed, IPD will conduct a search for the trademark records to see if the same or similar marks has already been registered or been applied for by another trader in respect of the same or similar class of goods and services. Also IPD will see if the mark satisfies the registration requirements laid down in the Trade Marks Ordinance.

If the examiner found the application failed to the criteria, then the examiner will issue an opinion in writing which will either lay out the grounds for objection to the mark or confirm the mark is acceptable for registration.

If your application is acceptable, then you can go to step 5: Publication for Opposition at Hong Kong Intellectual Property Journal (3 Months)

Step 4: Objection & Hearing

Objections

If your application cannot meet the requirements, then you can revise and submit your application in 6 months or apply for further 3 months extension.

Hearing

If you call for a hearing, a hearing officer will consider all the evidence for and against the mark. Then the officer will issue a decision.

Step 5: Publication for Opposition at Hong Kong Intellectual Property Journal (3 Months)

Once your application met all the requirement, then it will be published in the Hong Kong Intellectual Property Journal for 3 months. If no-one objects to your registration, then you can register your mark.

However, if any third-party object to your application. Then you may withdraw your application or respond to the opposition by filing a counter-statement. If you withdraw your application or lose in the opposition proceedings. Also, you may have to pay the other party’s costs. Furthermore, both parties have a chance to file evidence in support of the application and opposition within a time limit. When all the evidence are ready, a hearing will take place before a hearing officer who then makes a decision. The successful party in opposition proceedings is usually entitled to an award of costs.

Step 6: Registration

Once your trademark has been accepted for registration, the Registrar of Trademarks will enter the details of your mark into the trademarks register. Also, a certificate of registration will be issued. Your trademark 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.

For further information, please contact us.

You may want to read: Hong Kong Trademark Registration System and Application

Hong Kong Chief Executive Mr. John LEE presented his second policy address on 25 Oct 2023. He has established a result-oriented culture. So, the 2023 policy address still stick on this approach. Centre O is going to have a highlight in the business policy address.

Reinforce Over the business policy address and build a diversified economy

Trawl for enterprises, attract and retain talents

Status of International Financial Centre

• enhance stock market liquidity, expand offshore Renminbi business, deepen GBA collaboration and venture into green finance.

New Markets

• Expand our global economic and trade networks and our reach to new markets; set up more consultant offices to attract businesses and investment.

Logistics Development

• Publish the Action Plan on Modern Logistics Development to promote smart development, modernisation, green and sustainability, internationalisation and facilitation of logistics.

Support to SMEs

• Strengthen support to SMEs by providing flexible repayment arrangements, tapping into e-commerce, expediting digital transformation, and reinforcing export credit insurance.

Growth of the Innovation and Technology (I&T) Ecosystem

• Accelerate growth of I&T ecosystem
  • Set up the New Industrialisation Development Office to support development of strategic enterprises, facilitate upgrading and transformation of manufacturing sector and assist start-ups.
  • Establish the Hong Kong Microelectronics Research and Development (R&D) Institute and commission the Microelectronics Centre to facilitate R&D of microelectronics and industry development.
  • Expedite establishment of a supercomputing centre to foster development of artificial intelligence.
  • Set up a $10 billion New Industrialisation Acceleration Scheme to provide matching fund for promoting downstreamdevelopment of new industrialization.

Develop cultural and creative industries

• Establish the Cultural and Creative Industries Development Agency to promote the arts, culture and creative sectors as industries.
• Inject $4.3 billion to the Film Development Fund and the CreateSmart Initiative.
• Launch the Signature Performing Arts Programme Scheme to fund and nurture representative and large-scale major performing arts productions to be staged as long-run performances.
• Organise the Hong Kong Fashion Design Week as a flagship initiative to promote Hong Kong’s fashion and textile design brands.

Port Development Strategy

• Publish the Action Plan on Maritime and Port Development Strategy to develop Hong Kong into a leading international maritime centre, promote high value-added maritime services and facilitate GBA maritime collaboration.

Northern Metropolis as the new engine for growth

• Adopt an “industry-driven” approach
• Integrate deeply with Shenzhen and other GBA cities
• Leverage market forces to expedite the development

Tourism Industry 2.0

• Formulate the Development Blueprint for Hong Kong’s Tourism Industry 2.0, develop signature tourism products, and enhance development of cruise tourism economy.

Green Transport

Promote new energy transport – develop bunkering of green maritime fuel and supply of sustainable aviation fuel, formulate strategy for hydrogen development, and promote green transformation of public land transport.

Business Policy Address on Trawl for enterprises, attract and retain talents

• Develop a “Headquarters Economy” to attract enterprises from outside Hong Kongto set up headquarters and/or corporate divisions in Hong Kong; attract companies to re-domicile to Hong Kong.
• Expatriates, including foreign staff of companies in Hong Kong, can travel to the Mainland on “multiple-entry visas“, with priority visa. processing; entries of Vietnamese, Laotian and Nepalese talents are relaxed.
• Establish the physical office of Hong Kong Talent Engage, expand the coverage of universities under the Top Talent Pass Scheme, and implement the Capital Investment Entrant Scheme.
• Establish the Hong Kong International Legal Talents Training Academy and the Hong Kong International Academy Against Corruption, developing Hong Kong into a talent nurturing base.

For further information, please contact us.

You may want to read: HONG KONG POLICY ADDRESS 2022 HIGHLIGHT