In this post we talk about:
Which trademarks can be registered in Hong Kong
According to the Law in Hong Kong, a trademark means any sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings and which is capable of being represented graphically.
A trademark may consist of words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colors, sounds, smells, the shape of goods or their packaging and any combination of such signs.
Multiclass applications are available; an application may cover one or more classes of products and/or services. Also Hong Kong uses Nice Classification.
Trademark filing and registration of a trademark in Hong Kong
The Examiner shall examine whether the application satisfies the requirements for registration: there is a formal and substantive examination of the application, therefore the Examiner may raise a refusal for absolute grounds (the mark is inherently not registrable) and/or for relative grounds (existence of prior rights).
In case there are no refusals or if the refusal is overcome, the application will be published for opposition purposes and it will be possible to file an opposition within three months beginning on the publication date.
Validity and duration of a trademark in Hong Kong
The term of duration of the registered mark shall be ten years form the registration date and can be renewed indefinitely, each time for ten years.
The registration of a trademark may be revoked if the mark has not been genuinely used in Hong Kong by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use.
According to the law in Hong Kong, an assignment of trademark, a license of trademark or other transmission of a registered trademark may be general or limited. A limited assignment or license may apply: a) in relation to some but not all of the goods or services for which the trademark is registered; or b) in relation to use of the trademark in a particular manner or a particular locality.
An assignment and a licence is not effective unless it is in writing and is signed by or on behalf of the grantor.
Eva Troiani law firm is at your disposal for further information on how to register your trademark in Hong Kong. Do not hesitate to contact us!