What is Trademark ?
A trademark is a sign that distinguishes the goods and services of one trader from those of others. Typically a trademark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically in order for it to be registered as a trademark.
Difference between Trademark Registration and Company Registration
Separate laws and systems regulate the registration of company names, business names and trademarks in Hong Kong. A company name registration at the Companies Registry or a business name registration at the Business Registration Office (Inland Revenue Department) is not the same as a trademark registration at the Trade Marks Registry. A business or company name registration is not an indication of trademark rights.
A company name registration at the Companies Registry or a business name registered with the Business Registration Office is not the same as a trademark registration at the Trade Marks Registry. A business or company name registration is not an indication of trademark rights. Having registered a company name with the Companies Registry or a business name with the Business Registration Office, you are still required to apply for registration of your trademarks with the Trade Marks Registry. Only the registered trademark owner has an exclusive right to use the trademark in relation to the goods and services in Hong Kong for which the mark is registered.
What documents to be need?
1. A copy of the Certificate of Incorporation or Business Registration Certificate or anything of similar nature which shows the name and address of the applicant.
2. A soft copy of the trademark. Four black and white prints as well as fifteen color prints are required when a trademark is in colour.
3. A detailed list of products or services to be covered in the application.
4. Power of Attorney (POA) letter as required by some countries/regions
Trademark Registration Process
Countries/Regions
|
Duration (months)
|
Validity (years)
|
| Hong Kong |
7-9 |
10 |
| China |
16 |
10 |
| Macau |
7-9 |
7 |
| Australia |
12 |
10 |
| Cambodia |
12-18 |
10 |
| Canada |
16 |
15 |
| European Community * |
12-18 |
10 |
| India |
12-18 |
10 |
| Indonesia |
24-36 |
10 |
| Japan |
16 |
10 |
| Korea |
16 |
10 |
| Malaysia |
18-24 |
10 |
| Philippines |
12-18 |
10 |
| Russia |
12 |
10 |
| Singapore |
9-12 |
10 |
| South Africa |
20-25 |
10 |
| Taiwan |
12 |
10 |
| Thailand |
12-18 |
10 |
| U.K. |
9 |
10 |
| U.S.A |
16 |
10 |
| Vietnam |
12-18 |
10 |
* European Community (27 countries)
Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Holland, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
