1. What is a trademark?
Intellectual Property represents your proprietary knowledge.
It is often an important asset to every successful company.
Since the world markets are becoming more competitive each day,
protecting your intellectual property is absolutely the first
thing on your list. A trademark does not only identify the goods
itself in the market but also establishes a symbol of trust
and reputation. If you want to establish an image for your goods
and service, you should think about a distinctive trademark
to impress the public deep in their hearts. |
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2. Why do I need to register
my trademark?
A trademark registered gives the owner the exclusive right to
use it as a brand name, license or sell it within the region
for the goods or services specified in the registration. He
can stop other people from using the trademark as their brand
name on the goods and service under registration. |
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3. What trademarks can
be registered?
A trademark can be a number, letter or group of letters, word,
slogan, phrase, sound, smell, shape, picture, poster, logo or
device, aspect of packaging or any combination of the above.
It is used to identify your goods or service from the others.
In connection with this aim it is usually not able to register
a trademark which is a common name, geographical name, or words
which describe your goods and services except however, those
marks which have been used extensively in the market place for
a considerable period of time. It should be noted that its distinctiveness
plays an important role in the registrability of a trademark.
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4. What is the procedure
for filing trademark registration?
The procedure for filing trademark registration generally includes
the followings:
(a) trademark search
(b) filing application
(c) examination of trademark being applied
(d) advertisement of proposed trademark
(e) registration of trademark |
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5. What is trademark
search?
Trademark search is recommended as you may find your proposed
mark identical or confusingly similar to other prior registered
marks, in which case the registration of the proposed mark may
not be straightforward. It is therefore advisable to search
prior marks before applying for the registration. |
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6. What is required
in a trademark application?
The information required for filing registration is the name
and address of the applicant, the detailed list of goods and
services for the mark, and a specimen of the mark. |
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7. What will happen after
an application is filed?
It usually takes some months for the examiner to assess the
application after it is filed. The period varies from country
to country depending on the number of applications and stringency
of the trademark law in that country. If the application is
approved, the proposed trademark will be advertised. |
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8. Why is advertisement
required?
The purpose of advertising a trademark accepted by
the trademark registry is to provide an opportunity for the
public to raise objection if so wish. This procedure is open
to any third parties in order to protect their prior trademark
rights. An opposition may be filed within the period (it is
3 months in Hong Kong ) following the publication of the application. |
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9. When will the certificate
be issued?
Should there be no objection received after the expiry of the
period of publication, the trademark registry will issue a certificate
to the applicant as the official registration of the trademark. |
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10. What is the validity
of a trademark registered?
The validity of initial registration in Hong Kong is 10 years.
The validity will be extended for another 10 years upon payment
of renewal fee. A trademark shall have a continuous life if
such renewals are applied every 10 years. However, the mark
should be used in a bona fide way to avoid it becoming vulnerable
to removal on the grounds of non-use. The validity of registration
varies amongst different countries from 7-14 years. |
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11. What is trademark
classification?
The 9th edition of Nice Classification has been adopted in trademark
registration in Hong Kong since 1 January, 2007. Forty five
(45) classes of goods and services are available in filing applications
for registration. Details of classification are listed below:
International Goods/Services Classification Under Nice
Agreement (9th Edition)
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Class |
Goods/Services Specifications |
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1 |
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
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2 |
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. |
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3 |
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; cloths impregnated with detergent for cleaning; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
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4 |
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. |
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5 |
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
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6 |
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. |
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7 |
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. |
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8 |
Hand tools and implements (hand-operated); cutlery; side arms; razors. |
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9 |
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. |
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10 |
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. |
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11 |
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. |
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12 |
Vehicles; apparatus for locomotion by land, air or water. |
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13 |
Firearms; ammunition and projectiles; explosives; fireworks. |
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14 |
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments. |
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15 |
Musical instruments. |
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16 |
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
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17 |
Rubber, liquid rubber; rubber solutions; gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. |
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18 |
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; horse shoes; stirrups; whips, harness and saddlery. |
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19 |
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. |
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20 |
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. |
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21 |
Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; indoor aquaria; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
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22 |
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. |
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23 |
Yarns and threads, for textile use. |
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24 |
Textiles and textile goods, not included in other classes; bed and table covers. |
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25 |
Clothing, footwear, headgear. |
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26 |
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. |
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27 |
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). |
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28 |
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
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29 |
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
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30 |
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
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31 |
Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. |
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32 |
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
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33 |
Alcoholic beverages (except beers). |
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34 |
Tobacco; smokers' articles; matches. |
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35 |
Advertising; business management; business administration; office functions. |
|
36 |
Insurance; financial affairs; monetary affairs; real estate affairs. |
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37 |
Building construction; repair; installation services. |
|
38 |
Telecommunications. |
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39 |
Transport; packaging and storage of goods; storage (physical-) of electronically-stored data or documents; travel arrangement. |
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40 |
Treatment of materials. |
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41 |
Education; providing of training; entertainment; sporting and cultural activities. |
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42 |
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
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43 |
Services for providing food and drink; temporary accommodation. |
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44 |
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
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45 |
Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals; legal services. |
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12. How long does it
take to register a trademark?
Time required for registration in straightforward case in Hong
Kong is about 6 months depending on the number of applications
in that period of time. The respective time in different countries
varies depending on the individual country and prevailing amount
of applications in due course. |
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13. Can a Hong Kong
registered trademark be protected
elsewhere?
The main interest of a Hong Kong trademark is the possibility
to obtain rapidly and at a low cost the registration of the
application. Enforcement of this right will be quickly possible.
A Hong Kong trademark is designed for business trading only
within this region. The trademark of the products or services
marketing in China or other countries should find their protection
by registration in China or the appropriate countries as the
case may be. The owner of a Hong Kong trademark can be an individual,
a company, an unincorporated club or an association. |
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14. What is CTM registration?
If one wants to register his mark in Europe under a single application,
he can apply for registration under CTM covering 25 European
countries. They include Austria , Belgium , Denmark , Finland
, France , Germany , Greece , Ireland , Italy , Luxembourg ,
Netherlands , Portugal , Spain , Sweden , United Kingdom , Cyprus
, Czech Republic , Estonia , Hungary , Latvia , Lithuania ,
Malta , Poland , Slovak Republic and Slovenia . |
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15. What is priority
claim?
The priority of a foreign trademark application may be claimed
provided the Hong Kong application is filed within the specified
period from the first filing in a country being a member of
the Paris Convention. |
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16. Is copyright the
same as trademark?
Copyright belongs to the author automatically when the article,
musical piece, painting, etc is created. When someone owns a
copyright, it does not mean that he owns it as a trademark.
The ownership of trademark is obtained through use or by registration. |
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17. What is the difference
between TM and ®?
TM is a symbol telling the third parties that the mark next
to it is a trademark used to distinguish the product or service
provided. It can be either registered or not. However, when
a symbol ® is placed against a mark, it indicates to the
public that the mark is a trademark already registered in the
country. One should not use this symbol before his trademark
is successfully registered in that country. |
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