Trademark Registration

A trademark is considered as an important asset for any business. A trademark can be a logo, a message, a word, shape, sound, color, taste or scent or a combination of any of these. A trademark is usually an identity of the business that helps in distinguishing the products and services produced by a particular business. Registration of a trademark is an important requirement as it helps in protecting your brand and your business.

We provide trademark applications and registrations services in Hong Kong, China and around the world, and deals with various issues for our clients during the course of the complex International, Hong Kong and China trademark application process.

Hong Kong attracts investors from all over the globe as an international financial centre with its free economic system, low tax rate, and extensive infrastructure and supporting trade services. Different sectors in Hong Kong, such as service, financial, textile, electronic, jewellery, logistics, gift and premium, and toys, are highly recognized across the world, increasing the city's worldwide reputation. In order to preserve their businesses and increase their competitiveness, several investors have registered their trademarks in Hong Kong.

The advantages of trademark registration are twofold. First, it establishes a legal presumption of trademark ownership and exclusive use rights in Hong Kong and other countries. Trademark registration is critical since it is linked to your legally protected rights. It is necessary to register a trademark in order to demonstrate that you are the owner of the brand and that you have the exclusive right to use it for goods and services.

Second, it allows the trademark owner to file a lawsuit against anybody who infringes on the trademark. In this case, if your registered trademark is violated without your consent—that is, when your brand is used in similar or identical products or services, or when a name similar to or identical to your trademark is used—you can file a trademark infringement lawsuit.

Nonetheless, trademarks have a territorial range of applicability. Trademarks are only protected in the nation where they are registered. In another country, anyone can file for a trademark that is similar to yours. As a result, registering your trademark in one nation does not preclude others from doing so in other countries or territories. A trademark registration in Hong Kong is critical for brand owners who conduct business abroad to register their trademarks in all countries and territories where they feel their business might be profitable. You must submit for trademark registration in each country where you want to protect your trademark. A single registration might provide protection in several nations or territories through specific regional trademark authorities.

The entire procedure, from application to registration, is not overly difficult, but it does require time and effort: you need to conduct a thorough investigation or trademark search; fill up and submitting the registration form and obtain a certificate of registration As a result, businesses should seek out a trademark registration company to file an application for Hong Kong trademark registration in Hong Kong.

Crendential.HK provides professional trademark registration services in Hong Kong, China, and throughout the world, and assists our clients with a number of challenges that may arise during the complicated international, Hong Kong, and China trademark application processes. We will research existing trademarks in your sector and geographic region before filing your application to ensure there are no conflicts. The final report comprises a search and analysis of the trademark's registration probability. Following that, we will draft and file your trademark application with the Hong Kong SAR Government's Intellectual Property Department's Trade Marks Registry.

Depending on where your company operates, numerous trademark treaties may or may not protect your brand. Credential.HK applies our expertise in worldwide intellectual property protection to take the procedures necessary to appropriately protect your brand wherever you now operate or want to expand. We can assist you with doing an initial trademark search, as well as ensuring that your application is accepted and giving strong legal guidance throughout the process. If you have any questions about trademark registration in Hong Kong or other services related to business creation in Hong Kong, please visit our website at https://www.credential.hk/en for more information.

Any sign, letter, word, phrase, design, designation, character, number, scent, colour, sound, or any combination of these is considered a trademark. A trademark is seen as a significant corporate asset because it assists firms in the following ways: Determine how your company's goods and services vary from those of rivals. Logos can be seen on products, packaging, coupons, labels, and corporate structures in general.

You should be aware that some items cannot be trademarked. Utility patents cover inventions, mechanical equipment, business processes, and methods, whereas copyright protects creative works such as books, films, music, and theatrical performances. Similarly, concepts that are not represented in a tangible manner cannot be protected by any form of intellectual property protection.

The ® symbol appears to be widely accepted as indicating that your trademark is registered, whereas unregistered trademarks are frequently followed by a TM symbol. It's important to remember that the ® sign cannot be used on an unregistered trademark; otherwise, it's a criminal violation.

In Hong Kong, a trademark registration is a property right. This is the outcome of a trademark being successfully registered under the Hong Kong Trademark Ordinance. The Intellectual Property Department's website lists the fees for registering a trademark in Hong Kong. Any business must, without a doubt, register its trademark. Although trademark registration is not mandatory in Hong Kong, it is generally advised that businesses do so.

1. Is there any criteria for an appropriate trademark?

Yes, there are certain criteria in choosing a trademark that every business in Hong Kong should be well perceived: A trademark is not the same thing as a business name; A trademark must not be confusingly identical or similar to another person’s registered trademark, business name, company name, or domain name; A trademark is more likely to be rejected for registration if it is a person’s family name, a descriptive sign of products and services, or includes a general term without distinctive character.

2. Does a trademark have duration in Hong Kong? How long does a trademark registration last in Hong Kong?

According to the Hong Kong Trade Marks Ordinance Cap.559 (section 49), the duration for a registered trademark in Hong Kong is a 10-year period. It is worth mentioning, for example, that if you want to retain or renew your trademark in Hong Kong, you will have to pay a trademark renewal cost every 10 years. Your trademark registration takes effect on the day you filed your application.

3. What do I need to file a Hong Kong trademark application? How can a trademark registration company assist in trademark application?

You will need the trademark owner's Business Registration form or ID card, as well as the applicant's contact information, such as phone number, email address, and correspondence address. The trademark wording and a graphic representation of the trademark in digital forms such as JPG or PDF. If necessary, the trademark must additionally include specified colours (in Pantone).