For the benefits of a registered trade mark, an application for registration must be made to the Trade Marks Registry, Intellectual Property Department, the Government of the Hong Kong SAR.
An application to register a trade mark can be made online or it can be filed physically with the Trade Marks Registry, Intellectual Property Department, the Government of the Hong Kong SAR.
A trade mark can only be registered if it is already in use or if there is an intention to use the trade mark. If a registered trade mark is not used for a continuous period of at least 3 years in Hong Kong by the owner or with his consent, it may be revoked on the ground of non-use.
After filing, the application will be examined by the Trade Marks Registry to assess if it complies with the Trade Marks Ordinance (Cap. 559) and the Trade Marks Rules (Cap. 559A); and to ensure that the trade mark you seek to register is not identical or confusingly similar to an already registered trade mark in relation to identical or similar goods or services for which the application for registration is made.
If the Intellectual Property Department of the Government of the Hong Kong SAR objects to the registration of your trade mark (for example, due to conflict with earlier trade marks), your options are to overcome the objection, seek to register an alternative trade mark, or have the objection considered at a hearing.
Once your trade mark has been accepted for registration, it will be published in the Hong Kong Intellectual Property Journal. Third parties may oppose your trade mark being registered, for example, because they own a similar trade mark. If the registration of your trade mark is opposed, the matter will be determined by a hearing officer.
If there is no opposition, or the opposition is withdrawn or decided in favour of the trade mark applicant, the trade mark is then registered and the applicant will be issued a certificate of registration for the trade mark.
Registering a trade mark does not confer the right to use the same name as a business name, company name, or domain name. Trade mark registration is different from company registration, business registration, and domain name registration. Each of them serves a different purpose, and the application to register each of them needs to be made separately with the relevant government offices or organisations. Click on the following to find out more about company registration, business registration and domain name .