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Intellectual Property Service - FAQs

1. What is considered as a trademark under the trademark law of HKSAR ?

A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.

2. What are the benefits of registration of a trademark ?
Registration of a trademark will give the owner of a trademark the right to prevent third parties from using his mark, or a deceptively similar mark, without his consent for the goods or services for which it is registered or for similar goods or services. For unregistered trademarks, owners have to rely on common law for protection. It is more difficult to establish one's case under common law.
3. What trademark can be registered ?
  1. the name of a company, individual or firm represented in a special manner;
  2. the signature (except in Chinese characters) of the applicant;
  3. an invented word;
  4. a word that is not either descriptive of the goods or services for which the trademark is used or is not a geographical name or is not a surname; or 
  5. any other distinctive mark. 
4. Who can register trademark in Hong Kong ?
There is no restriction on the nationality or place of incorporation of the applicant
5. How long will my rights be protected?

The protection period of a trademark when registered will last for a period of 10 years and can be renewed indefinitely for successive periods of 10 years.

6. What information and documents are required for filing an application for a trademark?
  1. the name of the applicant
  2. the correspondence or registered address of the applicant
  3. a copy of Hong Kong Identity card or passport for individual applicant; a copy of business registration certificate or Certificate of Incorporation of the applicant;
  4. a softcopy of the proposed mark;
  5. desired class of registration or details of goods or services within those classes which are traded. 
7. Who can register trademark?

There is no restriction on the nationality or place of incorporation of the applicant.

8. What document will I receive after my trademark is registered?
You will get a Certificate of Registration for your trademark within 4-7 months, depending on the country and type of trademark you are registering.
9. Can I patent an idea of a new invention ?
No, an idea of a new invention alone cannot be patented. To qualify for patent protection, an invention has to be applied to a product or process and has to fulfil other criteria such as being new, involving an inventive step and be capable of industrial application.
10. Will the Trade Marks Registry advise me whether my trademark can be registered?
The Trade Marks Registry does not give any legal advice to applicants on any subject, including the registrability of your trademark. If you have any difficulty ascertaining the registrability of your trademark or other legal requirements, Offshore Company Corp can give you professional advice about trademark-related matters.
11. What is considered as a trademark under the trademark law of Hong Kong or Singapore ?
A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.

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