FAQs on Trademark Registration

A trademark usually takes the form of a logo that would serve as distinctive corporate identity. It may consist of text and numbers, as well as more intangible elements such as colour, sound, smell and shape.

It usually takes 6-10 months for one application.

An application may be turned down for several reasons, for example:

• If the trademark is not distinctive
• If the trademark describes the goods and services to which it belongs or contains the use of a geographical name
• If the trademark is found to be the same as or similar to another trademark that has already been registered or applied for by another applicant in respect of the same or similar class of goods or services, and others
• If the trademark is a well-known term in the line of business it represents

Yes. A trademark can also be used before it is filed for trademark application.

The ® symbol can be used for registered trademarks only. Unregistered trademarks may use the ™ symbol but not the ® symbol.

Trademark registration grants trademark owners the exclusive rights to use the registered mark and to obtain statutory protection for its use. 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. For unregistered trademarks, owners have to rely on common law for protection.

Registration is for a period of 10 years and can be renewed for a further period of 10 years. Late renewal within 6 months after expiry is still possible on the payment of a late renewal fee. Failure to renew within 6 months after expiry results in the mark being removed from the register.

• Applicant's name
• Applicant's address
• Applicant's nationality, or the country where the company is incorporated
• Copy of the trademark
• Classification of the trademark

No. Business registration and trademark registration in the Hong Kong SAR serve different purposes. They are regulated by different laws and registration systems administered by different government departments. To obtain the exclusive right for using a trademark in relation to the goods and services for which the mark is registered, you need to apply to register your trademark with the Trade Marks Registry.

The BRO maintains a register of businesses for inspection by the public. The information recorded in the register includes the business name, its business nature, its business address, and the personal particulars of its owners (where applicable). Any person can inspect the register at any time and at any where via the Internet.

You can search the records of registered trademarks and trademark applications filed with the Trade Marks Registry by using the free online search services provided by the Intellectual Property Department at esearch.ipd.gov.hk to find out whether your company name has been registered as a trademark by other.