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Hong Kong , Hong Kong (HK)
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Hong Kong (HK)

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03-31-2015 (Newsletter Issue 5/15)
Official Fees Increased
The Intellectual Property Department of Hong Kong has revised the official fees for various trademark matters with effect from March 30, 2015.

The new official trademark filing fee is HKD 2,000 for the first class and HKD 1,000 for each additional class.

Source: Wilkinson & Grist, Hong Kong


04-10-2010 (Newsletter Issue 9/10)
Issuing of Notices of Deficiency
With effect from 19 February 2010, if the application fees of trade mark applications have not been paid at the time of filing, the Trade Marks Registry will issue the notices of deficiency in respect of the non-payment of application fees first. If the application fees are paid within the prescribed period, the Trade Marks Registry will process the applications and if there are other deficiencies in respect of the applications, they will issue further notices of deficiency as required. If payment is not paid within the prescribed period, the applications concerned will be treated as abandoned.

Source: www.ipd.gov.hk/eng

Legal basis is the Trade Marks Act (Trademarks Ordinance, Cap. 559) in force since April 4th, 2003.
Even after the commission of Hong Kong to China, there is a separate trademark law in Hong Kong („trademarks ordinance“). IP rights registered in Hong Kong will not be automatically protected in China, and vice versa. The principles of “common law” apply.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition so to establish common law rights.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, movement marks, patterns, colours, combination of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, any combination of the mentioned signs and sound marks and smell marks.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and defensive marks.
The application is filed at the Trademark Office.
Multiple-class applications are possible.
Foreign applicants need an address for service in Hong Kong.
A power of attorney is not necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 9 to 12 months. The first office action is issued after approx. 2 months.
Prior to registration, the trademark application is published in the “Hong Kong Intellectual Property Journal”.
National:
The opposition period is 3 months minus 1 day from the date of publication of the trademark application.
A trademark registration is valid for 10 years from the date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the day after renewal due date.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 3 years from the actual date of registration or has later not been used for 3 years continuously, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.



Further practical details are available in our publication on this topic here
The official trademark filing fee is HKD 2,000 for the first class and HKD 1,000 for each additional class. There are no additional official fees for publication and registration.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 230,00 € 180,00 € 
Word Mark Search (identical) 210,00 € 160,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
04-06-2016
Wenping & Co., Hong Kong, Hong Kong

01-29-2015
Wilkinson & Grist, Hong Kong, Hong Kong

08-21-2013
Wilkinson & Grist, Hong Kong, Hong Kong

08-01-2013
Wenping & Co., Hong Kong, Hong Kong

01-03-2012
Wenping & Co., Hong Kong, Hong Kong

01-02-2012
Wilkinson & Grist, Hong Kong, Hong Kong



Awapatent

AWA Asia Limited
Suite 901, Lee Gardens One, 33 Hysan Avenue
Causeway Bay
Hong Kong

Intellectual Property Department of Hong Kong Special Administrative Region of China
24th & 25th Floor, Wu Chung House
213 Queenʼs Road East
Wan Chai
Hong Kong
Tel + 852 29 61 69 01
Fax + 852 28 38 60 82
www.ipd.gov.hk