COUNTRY : HONG KONG
LANGUAGE : CHINESE & ENGLISH
The Intellectual Property Rights Office of Hong Kong is known as the Intellectual Property Department, The Government of Hong Kong Special Administration Region (SAR):
• Word marks
It is highly advisable to conduct a search of the proposed mark to ensure that a similar has not been applied for by other contenders. This can be done in two ways:
Once the application is filed with the registry, prior to examining the application, a procedure known as Deficiencies checking is carried out. This is to essentially establish that the application form and attachments if any conform to the trademark ordinance and that all the necessary parts of the form(s) have been filled out correctly and as to whether any required information is missing.
Once the deficiencies checking has been carried out and everything is found to be in order, a search of the records in the registry is done to rule out similarity / identity with prior existing and pending marks.
Once the trademark has been accepted for registration, it is published in the Hong Kong Intellectual Property Journal. Any interested person from the general public can view the trademark in the journal and lodge an opposition to it. The applicant has to then file a counter statement to the same. In the event the application is withdrawn or the applicant loses in the proceedings, the applicant would have to pay the other party’s costs.
Once the trademark has been accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a certificateof registration. The registration process takes around 10 months.
Prior to Filing: It is required to state on the application whether the trademark is being used by the applicant or by others with his consent as regards the goods and / or services in respect of which it is sought to be registered. In the event it not being used, the intention of the applicant whether he honestly intends using the trademark or would allow it to be used concerning those goods and / or services.