Hong Kong (HK)
Mrz 31, 2015 (Newsletter Issue 5/15)
Official Fees Increased
The Intellectual Property Department of Hong Kong has revised the official fees for various trademark matters with effect from March 30, 2015.
The new official trademark filing fee is HKD 2,000 for the first class and HKD 1,000 for each additional class.
Source: Wilkinson & Grist, Hong Kong
Apr 10, 2010 (Newsletter Issue 9/10)
Issuing of Notices of Deficiency
With effect from 19 February 2010, if the application fees of trade mark applications have not been paid at the time of filing, the Trade Marks Registry will issue the notices of deficiency in respect of the non-payment of application fees first. If the application fees are paid within the prescribed period, the Trade Marks Registry will process the applications and if there are other deficiencies in respect of the applications, they will issue further notices of deficiency as required. If payment is not paid within the prescribed period, the applications concerned will be treated as abandoned.
Source: www.ipd.gov.hk/eng
Legal basis is the Trade Marks Ordinance, Cap. 559 (TMO) in force since April 4th, 2003.
Even after the commission of Hong Kong to China, Hong Kong and China maintain independent laws and there is a separate trademark law in Hong Kong (i.e. TMO). IP rights registered in Hong Kong will not be automatically protected in China, and vice versa. The principles of “common law” apply.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition so to establish common law rights.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, Slogans, acronyms, letters, numbers, devices, emblems, holograms, movement marks, patterns, colours, combination of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, any combination of the mentioned signs and sound marks and smell marks.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and defensive marks.
The application is filed at the Trade Marks Registry.
Multiple-class applications are possible.
Foreign applicants need an address for service in Hong Kong.
A power of attorney is not necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use before the date of application for registration.
The processing time from first filing to registration is approx. 9 to 12 months. The first office action is issued after approx. 2 months.
Prior to registration, the trademark application is published in the “Hong Kong Intellectual Property Journal”.
National:
The opposition period is 3 months minus 1 day from the date of publication of the trademark application.
A trademark registration is valid for 10 years from the date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official trademark filing fee is HKD 2,000 (approx. USD 260) for the first class and HKD 1,000 (approx. USD 130) for each additional class. The official Trademark filing fee for a defensive Trademark is HKD 2,300 (approx. USK 298) for the first class and HKD 1,150 (approx. USK 150) for each additional class. There are no additional official fees for publication and registration.
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Practical details on trademark licensing are available in our publication
here
Sep 27, 2019
Wenping & Co., Hong Kong, Hong Kong
Apr 30, 2019
Wilkinson & Grist, Hong Kong, Hong Kong
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