Many businessmen and friends want to register a trademark in Hong Kong, what do they need?processWoolen cloth. Today I will briefly introduce to you how to register a trademark in Hong Kong. To obtain a trademark registration certificate, the following four steps are required:
(1) Trademark search
Before submitting an application for trademark search, it is recommended to conduct a trademark search to find out whether the trademark applied for is similar to the trademark registered by others in the application, thereby reducing the risk of rejection of the trademark and improving the success rate of trademark registration. For trademark search results, the applicant can evaluate whether to apply for the trademark and make amendments and adjustments based on the search results.
In addition to allowing you to determine whether your design is qualified, trademark search has other functions:
1. Reduce the risk of rejection
After the trademark examiner has issued a notice of refusal, the applicant needs to choose to waive the appeal decision of the registration examiner. For start-up trademarks, most applicants will tend to give up because there is insufficient evidence of trademark use and the chances of a successful appeal are low. For trademarks that have been put on the market and promoted, some applicants have decided to give up due to the high cost and long time for appeal review. As a result, the cost of registration is lost. A comprehensive search can estimate the potential risk of rejection, help applicants make appropriate decisions, and decide whether to submit an application.
2. Increase the chance of successful registration
There are certain risks associated with the use and promotion of trademarks. Due to the needs of the client's business development, they may be inclined to file a trademark application. However, you can gather evidence of use in advance and file a defense when notified. You can negotiate with the trademark owner to obtain their prior consent. For reference, China has 15 days to request a review after being notified. It is difficult to draft a strong argument in such a limited time.
3. Save design cost
It is known that a well-designed logo can help promote related products/services. Most clients tend to hire professional designers to design a satisfactory logo, which costs a lot of money. They don't take into account the registrability of brand names. If the trademark is rejected, the filing fee and design fee will be paid. For start-up trademarks, it is recommended to search for the trademark name. After confirming that the trademark can be registered, submit a trademark name application (word trademark application) for trademark design. Then submit a trademark pattern application.
4. Reduce the risk of infringement
Due to the needs of business development, some trademark applicants tend to submit applications after the trademark design is completed and put into use. There may be a potential risk of infringing the rights of other trademark registrants. Such risks can be greatly reduced by searching for trademarks and similar trademarks. In conclusion, the benefits of a trademark search are obvious. Due to the incompleteness and limited speed of the trademark registry database, the registrability of 100% is not guaranteed for trademark search, which does reduce the risk of rejection and bring it to a lower level.
(2) Submitting an application for trademark registration
After the trademark search is completed, the applicant may entrust a legally established trademark agency to submit a registration application to the Trademark Registry. The application documents required to submit an application include:
- completedTrademark registrationapplication form;
- The trademark pattern is clear;
- The priority file (if priority is claimed) should be submitted within three months from the filing date.
(3) Review
After the examination and filing of the application, the Trademark Registry will conduct a formal and substantive examination of the mark. The formal review is mainly to check whether the application content is filled in correctly, whether the trademark pattern conforms to the specification, and whether the certification file is complete. The substantive examination mainly examines whether the trademark violates the provisions of the Trademark Regulations and whether it is similar to the trademark of others.
(4) Publication and registration
After the application for publication of a registered trademark has been examined and approved, the Trademark Registry will publish it in the Hong Kong Intellectual Property Gazette. Anyone can read the applicant's trademark in the Hong Kong Intellectual Property Gazette and may file an objection to the registration application within 3 months from the date of publication of the application. If no objection is raised after the expiration of the announcement period, and the objection raised by the opponent is ruled invalid by the Trademark Registry, the trademark registration shall take effect, and the Trademark Registry shall issue a trademark registration certificate. If the application is successful, the time from receipt of the application to the Trademark Registry to approval of the trademark registration can be as short as 6 months. The following is the flow chart of trademark registration:
(5) Validity period and renewal of trademark
1. Trademark registration is valid for 10 years from the filing date.
2. After the validity period expires, the trademark registrant shall go through the renewal procedures within 6 months before the expiration date. If the application fails during this period, it can be submitted within the 6-month grace period after the expiration of the period, but the overdue fee must be paid. If the application for renewal is not filed after the grace period expires, the Trademark Office will delete the registered trademark. In this case, the request for reinstatement and renewal needs to be made within 6 months from the date of deletion, and the reinstatement and renewal fee is payable.
Precautions
Registering a Hong Kong trademark requires careful handling and requires professional qualifications. It is recommended that when choosing an agent, customers should not just compare prices blindly, but rather choose a well-qualified and professional agency, and prepare to register a Hong Kong trademark as required. Any information can be submitted in time for registration.
As a bridge between the Mainland and the rest of the world, Hong Kong must be fully prepared for the opportunities and challenges brought by WTO accession. After China's accession to the WTO, it will fully implement the Agreement on Trade-Related Aspects of Intellectual Property Rights, that is, it will enact legislation to ensure the protection of intellectual property rights and trademark laws. In order to improve the image of domestic enterprises' products in the international market and prevent their products from being infringed, their registered trademarks will be protected by law. Trademarks are the intangible assets of an enterprise. You should be wise to seize the opportunity to bring your products into Hong Kong and out of the world.
