Hong Kong - Register Trademark
A trade mark is a sign that distinguishes the goods and services of one trader from those of others. A trade mark may include words (may be a personal name), 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.
This procedure provides you information on how to register a trademark with Hong Kong's Intellectual Property Department.
Provide eligibility criteria's for going through this procedure.
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Please provide instructions on obtaining the certificate/documents. e.g. The state office holds birth records since january 1908.
A list which displays the kind of information which is required to complete the procedure. e.g. 1. Date of Birth. 2. City or County of Birth.
- Search and Preliminary Advice services: You will need to complete Trade Mark Form T1- Request for search of records , Request for preliminary advice on registrability before applying for a trademark. The search will tell you whether the Department will likely accept your trademark for registration. The search will inform you if there are any identical or similar marks on the Trade Marks Register. The search service fee is HK$400 plus HK$200 per each additional class of goods or services). Alternatively, you can search the Trade Marks Register yourself before making your application at our online Trade Mark Search system - Link.
Preliminary advice service fee is HK$400 plus HK$200 per each additional class of goods or services. The service will tell you if your mark is sufficiently distinctive or if we may raise any other types of objections against your mark.
- Trade mark application form: You will need to complete an application, links are provided under "Documents to Use" section which you can use to download the form/s.
- Submitting your application: Submit your application together with the application fee to the "Intellectual Property Department, 24/F, Wu Chung House, 213 Queen's Road East, Wanchai, Hong Kong, China" by post or in person.
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List down the documents required for successfully completing the procedure. e.g. 1. Proof of child birth from the Hospital.
Search and Preliminary Advice Services:
- Search service: HK$400 plus HK$200 per each additional class of goods or services
- Preliminary advice service fee: HK$400 plus HK$200 per each additional class of goods or services
- Register a trade mark in one class of goods or services: HK$2,000
- For each additional class of goods or services: HK$1,000
Payment can be made by cash or cheque payable to "The Government of the Hong Kong SAR."
Explain the time until which the certificate/document is valid. e.g. Birth Certificate Valid Forever
- Trade Mark Form T1 - Request for search of records , Request for preliminary advice on registrability
- Trade Mark Form T2 - Application for registration of a trade mark (including certification mark, collective mark and defensive mark)
- Optional form: Trade Mark Form T2A - Attachment to Form T2 with additional requirements
- Other helpful documents:
Please attach sample completed documents that would help other people.
Please explain processing time taken in obtaining the document/certificate.
Intellectual Property Department
24/F & 25/F Wu Chung House,
213 Queen's Road East,
Wanchai, Hong Kong
Opening hours: 9:00 a.m. - 5:45 p.m. (Mon - Fri)
Telephone: (852)2961 6901
Patents and Designs Registries : (852)2838 6315 / (852)3188 5359
Trade Marks Registry: (852)2838 6082 / (852)2574 4345
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Videos explaining the procedure or to fill the applications. Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites. Please remove the "&" inside the tags during implementation. Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, sevenload, viddler, vimeo, youku, youtube width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed. e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".
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Registering your trade will give you an exclusive right to use the trade mark in relation to the goods and services for which the mark is registered. If other traders use it in Hong Kong, China in relation to the same or similar goods or services without your consent, they may be liable for infringement of your mark and you may take legal action. If you do not register your mark, it is harder to prove that you are the ‘owner’ of the mark and as such your protection is limited.
More information which might help people.