Trademark registration
Hong Kong
As an international financial center and with a free economic system, low tax rate and comprehensive infrastructure and supporting trade services, Hong Kong attracts investors from all around the world. While enhancing its international reputation, Hong Kong’s industries such as service, financial, textile, electronic, jewellery, logistic, gift and premium, and toys are well known around the world. Lots of investors have registered their trademarks in Hong Kong in order to protect their brands and enhance their competitiveness.
The Right of Priority on Hong Kong Trademark Registration
An applicant may enjoy the right of priority on trademark registration in Hong Kong if he/she has filed an application for trademark registration for the same goods or service with a state party to Paris Convention or a WTO member state within six months before filing such application for trademark registration in Hong Kong.
Matters to be Considered before Filing an Application
- Is the trademark distinctive (Distinctiveness: The trademark clearly sets the applicant’s goods and services apart from those of other traders)
- Does the trademark show the distinctiveness of the applicant’s goods and services
- Is the trademark a well known term in that line of business
- Is the trademark the same or similar to other people’s trademarks
Required Documents
- A copy of current Business Registration Certificate of the applicant, if the applicant is a corporation
- A copy of Identification documents of the applicant, if the applicant is an individual person
- Clear image of the trademark
- List of goods or services
Trademark Registration Flow
- Trademark Search
- Initial Application
- Substantive Examination
- Publication
- Issuance of Certificate
Preliminary Trademark Search
The Preliminary trademark search, while optional, to avoid legal complications in the future. The point of a trademark search is to ensure that the trademark is not already under application or registered by another entity in order to reduce the possibilities of the rejection or opposition raised.
Required Time
About 4-8 months
Period of Validity
Six months before the expiration of an application for renewal, renewal is valid for 10 years
Renewal upon Expiration
Renewable for another 10 years upon expiration of the Hong Kong trademark registration
Note: Trade Marks Registry does not accept P.O. box address or “care of” address. An applicant shall provide an address for service, telephone number, facsimile number and email address which can be provided by Harvestseedsynco for the officers of Trade Marks Registry to contact him/her at any time.
China
With an enormous consumers’ market and as a production base, China attracts many investors coming from abroad to expand their businesses there. However, this severely competitive market brings both opportunities and challenges to the investors. By virtue of registration of the trademark in China, enterprises may enjoy legal protection on their products and services in China, allowing their brands to secure sustainable footholds in China market.
The Right of Priority on China Trademark Registration
- An applicant may enjoy the right of priority in accordance with any agreement entered into between the country in which he/she first files an application for trademark registration and China or any international protocol to which both countries are parties if he /she files another application for trademark registration in China within six months from the day on which he/she files the initial application for trademark registration in such country.
- The owner of a trademark may enjoy the right of priority for a period of 6 months from the first day on which the merchandises on which the trademark is first put are exhibited at any international exhibition recognized by the Chinese Government.
Required Documents
- A copy of current Business Registration Certificate of the applicant, if the applicant is a corporation
- A copy of Identification documents of the applicant, if the applicant is an individual person
- Clear image of the trademark
- List of goods or services
Trademark Registration Flow
- Trademark Search
- Initial Application
- Substantive Examination
- Publication
- Issuance of Certificate
Preliminary Trademark Search
The Preliminary trademark search, while optional, to avoid legal complications in the future. The point of a trademark search is to ensure that the trademark is not already under application or registered by another entity in order to reduce the possibilities of the rejection or opposition raised.
Required Time
About 15-18 months
Period of Validity
10 years
Renewal upon Expiration
Six months before the expiration of an application for renewal, renewal is valid for 10 years.
Customs Protection on Intellectual Property Rights
China prohibits the import or export of any goods which infringes the intellectual property rights. A trademark owner is entitled to file a record with the General Administration of Customs of China in accordance with applicable provisions under Customs Law of People Republic of China. If the owner or the General Administration of Customs of China notices any alleged trademark infringement, the General Administration of Customs of China will detain the suspected infringing goods immediately and check against them with the owner for further legal protection.