1. What is a trade mark?
A trade mark is a sign that distinguishes the goods and services of one trader from those of others.
Typically a trade mark can be words (including personal names), indications, designs, letters,
characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their
packaging or any combination of these. A sign must be capable of being represented graphically
in order for it to be registered as a trade mark.
2. Time scale (how long does the process take?)
If there are no deficiencies in the application and no objections to the trade mark then
the whole application procedure can take as little as 6 months from receipt of
application to registration.
3. Publication of Trade Mark
Once your trade mark has been accepted for registration, it is published in the Hong Kong Intellectual Property Journal.
4. Opposition to your Trade Mark by a 3rd Party
Anyone can view your trade mark in the Hong Kong Intellectual Property Journal and lodge an opposition to it. They have to file an opposition notice within the 3- month period beginning on the publication date. As the applicant, you may withdraw your application or respond to the opposition by filing a counter-statement. Please note that if you withdraw your application or lose in the opposition proceedings, you may have to pay the other party’s costs. You and the opponent are given the opportunity, within certain time limits, to file evidence in support of the application and opposition. When all the evidence has been received, 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.
5. Registration
Once your trade mark has been accepted for registration, the Registrar of Trade Marks will enter the details of your trade mark into the trade marks register and you will be issued with a certificate of registration. Notice of the registration will be published in the Hong Kong Intellectual Property Journal and the registration of your trade mark will date back to the filing date of your application. That means as the owner of a registered trade mark, your rights take effect from the filing date of the application.