News Archive (4)Aug 25, 2023 (Newsletter Issue 7/23)Trade Marks Registry Work Manual Chapters UpdatedTrade Marks Registry Work Manual Chapters have been updated in August 2023.
The Chapters on "Classification", “Movement marks and holograms” and “Sound marks” of the Trade Marks Registry Work Manual have been updated as per the Log of Changes made to chapters in 2023.
The log of changes can be accessed here.Source: www.ipd.gov.hk Jul 23, 2020 (Newsletter Issue 12/20)
Preparation for Accession to Madrid Protocol
On June 19, 2020, Hong Kong gazetted the Trade Marks (Amendment) Ordinance, paving the way for the application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) in Hong Kong. This follows on from the outcome of a public consultation conducted back in 2014.
Following the enactment of the Ordinance, the Hong Kong government will press ahead with relevant preparatory work for the implementation of the Protocol, including preparing subsidiary legislation to provide for the relevant procedural details, setting up a dedicated information technology system and obtaining the agreement of the central government to seek application of the Protocol to Hong Kong. Subject to the progress of this preparatory work, the local government aims to implement the Protocol in Hong Kong as soon as possible.
Source: www.nortonrosefulbright.com
Mar 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
Apr 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
Hong Kong is a Special Administrative Region of China.
Even after the commission of Hong Kong to China, Hong Kong and China maintain independent laws and there is a separate trademark law in Hong Kong.
Legal basis in Hong Kong is the Trade Marks Ordinance, Cap. 559 (TMO) in force since April 4th, 2003.
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.
ClassificationNice classification, 12th edition
What is Registrable as a TrademarkRegistrable as a trademark are all distinctive and graphically representable signs, such as words, names, slogans, 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, sound marks, any combination of the mentioned signs, and smell marks if capable of graphical representation.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and defensive marks.
Registration ProceedingsThe application is filed at the Trade Marks Registry.
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 before the date of application for registration.
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”.
Opposition PeriodNational:
The opposition period is 3 months minus 1 day from the date of publication of the trademark application. The period is extendable once only by 2 months.
Trademark DurationA trademark registration is valid for 10 years from the date of application.
The registration is renewable for periods of 10 years.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official trademark filing fee is HKD 2,000 (approx. USD 260) for the first class and HKD 1,000 (approx. USD 130) for each additional class. The official trademark filing fee for a defensive trademark is HKD 2,300 (approx. USD 298) for the first class and HKD 1,150 (approx. USD 150) for each additional class. There are no additional official fees for publication and registration.
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Practical details on trademark licensing are available in our publication
here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Sep 05, 2024
Wilkinson & Grist, Hong Kong, Hong Kong
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