A Guide to Hong Kong Trademark Registration

I. Flow Chart for Trademark Registration in Hong Kong.

1、Trademark Design

Advantages of TIMELY trademark design:

(1) Novelty- novelty of trademark design satisfies the distinctive feature of a trademark and enhances its reputation and market.

(2) Trademark naming avoids a straight relation with the functions of goods;

(3) Trademark design is theme-oriented and reasonably arranged.

Hong Kong TIMELY Intellectual Property Service Centre is equipped with a team of excellent designers from home and abroad, who are ready to provide you with professional services.

2、Trademark Search

Before filing your application, it shall be determined whether the mark to be registered is pending registered or has been registered the trademark rights.We can get prior trademark records and the preliminary opinions from the HK Intellectual Property Department on whether it has been registered or not. The search results will minimize the risk for the whole application and registration process. Therefore, the search service with authorities is strongly recommended.

3、Submit Application

An application must include the following elements before the Hong Kong Intellectual Property Department will accept it:

· Qualification certificate of applicant;

· A clear drawing of the mark;

· A listing of the goods or services;

· The application fee for at least one class of goods or services.

· Authorization letter of registration;

4、Notice of Acceptance

When The Hong Kong Intellectual Property Department receives your application documents of trademark registration from TIMELY, they will give you an application number and issue the Notice of Acceptance within 1 week.

5、Examination

After the Hong Kong Intellectual Property Department determines that you have met the minimum application requirements, the application is forwarded to an examining attorney. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees.

A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.

6、Publication

If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, which is 3 months publication of the Hong Kong Intellectual Property Department.

7、Registration

If the mark is published based upon the actual use of the mark in commerce, the Hong Kong Intellectual Property Department will normally register the mark and issue a registration certificate. The day of filing the application will be the registration date.

8、Time and Fees

Time: The approximate time for obtaining the certificate is about 6 months for smooth application. The term of validity is 10 years from the date of filing the application, in which period no extra fee is imposed.

Search fee for one trademark one class: RMB1,000;

Application and registration fees: RMB4,800; lump sum pay when filling in the Power of Attorney.