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How to Register a Trade Mark in Hong Kong


How to Register a Trade Mark in Hong Kong | Bestar
How to Register a Trade Mark in Hong Kong | Bestar

Trade Marks


A trade mark is a sign that is used to distinguish the goods or services of one trader from those of another. In Hong Kong, trade marks are governed by the Trade Marks Ordinance (Cap. 559).


A trade mark can be a word, phrase, logo, symbol, design, or a combination of these elements. It must be distinctive, meaning that it must be different from other trade marks that are already registered or in use.


To register a trade mark in Hong Kong, you must file an application with the Intellectual Property Department. The application process is relatively straightforward, but there are a few things you need to keep in mind.


First, you need to choose the classes of goods or services that you want to register your trade mark for. There are 45 classes of goods and services, and you can register your trade mark for one or more classes.


Second, you need to make sure that your trade mark is not already in use by another trader. You can do a trademark search on the Intellectual Property Department's website to check if your trade mark is already registered.


Third, you need to pay the application fee. The application fee is HK$2,000 for the first class of goods or services, and HK$1,000 for each additional class.


Once you have filed your application, the Intellectual Property Department will review it and will either approve it or reject it. If your application is approved, your trade mark will be registered and you will be given a certificate of registration.


The registration of a trade mark in Hong Kong gives you the exclusive right to use that trademark in connection with the goods or services that you have registered it for. This means that no one else can use your trademark without your permission.


The registration of a trademark is valid for 10 years, and it can be renewed for further periods of 10 years.


Here are some of the benefits of registering a trademark in Hong Kong:

  • It gives you the exclusive right to use your trademark.

  • It helps to prevent others from using your trademark.

  • It can help to increase the value of your business.

  • It can help to protect your brand identity.

If you are considering registering a trademark in Hong Kong, I recommend that you consult with an intellectual property lawyer to get more information and advice.


Here are some of the most common trademarks in Hong Kong:

  • Coca-Cola

  • Nike

  • Adidas

  • Apple

  • Samsung

  • McDonald's

  • Starbucks

  • LV

  • Hermes

These trademarks are all well-known and recognized by consumers in Hong Kong. They have been registered and protected by their respective owners, and they help to distinguish these brands from other businesses.


Before you apply


Here are some things to consider before you apply to register a trademark in Hong Kong:

  • Is your trademark distinctive? A distinctive trademark is one that is different from other trademarks that are already registered or in use. It should be easy to remember and should not be descriptive of the goods or services that you are offering.

  • Are you using your trademark in connection with goods or services? You cannot register a trademark for a product or service that you do not intend to use.

  • Has your trademark been used in Hong Kong before? If your trademark has been used in Hong Kong before, you may need to prove that you have been using it for a certain period of time before you can register it.

  • Are there any similar trademarks registered in Hong Kong? You should do a trademark search to make sure that there are no similar trademarks registered in Hong Kong. If there are, you may need to change your trademark to avoid confusion.

Once you have considered these factors, you can start the process of registering your trademark in Hong Kong.


Here are the steps involved in registering a trademark in Hong Kong:

  1. Do a trademark search. You can search for trademarks that are already registered in Hong Kong using the Intellectual Property Department's online search system. This will help you to avoid registering a trademark that is already in use.

  2. Choose the classes of goods or services you want to register your trademark for. There are 45 classes of goods and services, and you can register your trademark for one or more classes.

  3. Complete the trademark application form. You can download the application form from the Intellectual Property Department's website.

  4. Pay the application fee. The application fee is HK$2,000 for the first class of goods or services, and HK$1,000 for each additional class.

  5. Submit your application. You can submit your application by post, in person, or electronically through the Intellectual Property Department's e-filing system.

The Intellectual Property Department will then review your application and will either approve it or reject it. If your application is approved, your trademark will be registered and you will be given a certificate of registration.


Application Process


Here are the steps involved in the application process for registering a trademark in Hong Kong:

  1. Do a trademark search. You can search for trademarks that are already registered in Hong Kong using the Intellectual Property Department's online search system. This will help you to avoid registering a trademark that is already in use.

  2. Choose the classes of goods or services you want to register your trademark for. There are 45 classes of goods and services, and you can register your trademark for one or more classes.

  3. Complete the trademark application form. You can download the application form from the Intellectual Property Department's website.

  4. Pay the application fee. The application fee is HK$2,000 for the first class of goods or services, and HK$1,000 for each additional class.

  5. Submit your application. You can submit your application by post, in person, or electronically through the Intellectual Property Department's e-filing system.

Once you have submitted your application, the Intellectual Property Department will review it and will either approve it or reject it. If your application is approved, your trademark will be registered and you will be given a certificate of registration.


Here is a more detailed overview of each step in the application process:


Trademark search

The first step is to do a trademark search to make sure that there are no similar trademarks registered in Hong Kong. You can do this using the Intellectual Property Department's online search system.


Choosing the classes of goods or services

Once you have found a trademark that is not already registered, you need to choose the classes of goods or services that you want to register it for. There are 45 classes of goods and services, and you can register your trademark for one or more classes.


Completing the trademark application form

The next step is to complete the trademark application form. You can download the application form from the Intellectual Property Department's website.


The application form requires you to provide information about your trademark, such as the name of the trademark, the classes of goods or services that you are registering it for, and the date on which you first used the trademark.


Paying the application fee

The application fee must be paid in Hong Kong currency. You can pay the application fee by Octopus card, cash, or cheque.


Submitting your application

Once you have completed the application form and paid the application fee, you can submit your application. You can submit your application by post, in person, or electronically through the Intellectual Property Department's e-filing system.


Reviewing your application

The Intellectual Property Department will review your application and will either approve it or reject it. If your application is approved, your trademark will be registered and you will be given a certificate of registration.


The whole process of registering a trademark in Hong Kong can take up to 12 months.


Submitting your Application


There are 3 ways to submit your trademark application in Hong Kong:

  • By post: You can send your application form and the application fee to the following address:

  • Trade Marks Registry Intellectual Property Department

  • 24/F, Wu Chung House 213 Queen's Road East Wanchai Hong Kong

  • In person: You can submit your application form and the application fee in person at the Intellectual Property Department's office in Wanchai.

  • Electronically: You can submit your application form and the application fee electronically through the Intellectual Property Department's e-filing system.

Here are the steps on how to submit your trademark application electronically:

  1. Go to the Intellectual Property Department's e-filing system website.

  2. Create an account and log in.

  3. Select the "Trade Marks" application type.

  4. Complete the application form online.

  5. Upload the required documents.

  6. Pay the application fee online.

  7. Submit your application.

Once you have submitted your application, you will receive an acknowledgement from the Intellectual Property Department. The application process can take up to 12 months.


Here are some of the documents that you need to submit with your trademark application:

  • Trademark application form: You can download the trademark application form from the Intellectual Property Department's website.

  • Certified copy of your passport: This is to prove your identity.

  • Power of attorney: If you are submitting the application on behalf of someone else, you will need to provide a power of attorney.

  • Trademark specimen: This is a sample of your trademark that you are registering.

Application Fees


The application fees for registering a trademark in Hong Kong are as follows:

  • HK$2,000 for the first class of goods or services.

  • HK$1,000 for each additional class of goods or services.

The application fee must be paid in Hong Kong currency. You can pay the application fee by:

  • Octopus card

  • Cash

  • Cheque

The application fee is not refundable if your application is rejected.


Here is a table of the application fees for registering a trademark in Hong Kong:


​Number of Classes

​Application Fee

​1

​HK$2,000

​2

​HK$3,000

​3

​HK$4,000

​4

​HK$5,000

...

​...

​45

​HK$45,000


You can find more information about the application fees for registering a trademark in Hong Kong on the Intellectual Property Department's website.


How Bestar can Help


Bestar is a consulting firm. They can help you register a trademark in Hong Kong by:

  • Providing advice on the registration process: Bestar can help you understand the requirements for registering a trademark in Hong Kong and can advise you on the best way to proceed.

  • Searching for similar trademarks: Bestar can search for similar trademarks that are already registered in Hong Kong to make sure that your trademark is not too similar.

  • Preparing and filing your trademark application: Bestar can prepare and file your trademark application on your behalf.

The cost of registering a trademark with Bestar will vary depending on the complexity of your case. However, they offer a free initial consultation so that you can discuss your case with them and get an estimate of the costs involved.


Here are some of the benefits of using Bestar to register your trademark in Hong Kong:

  • Expert advice: Bestar has a team of experienced consultants. They can provide you with expert advice on the registration process and can help you to avoid any mistakes.

  • Peace of mind: Knowing that Bestar is handling your trademark application can give you peace of mind. You can be confident that your application is being handled by professionals who know what they are doing.

  • Convenience: Bestar can handle the entire registration process on your behalf. This can save you a lot of time and hassle.

If you are considering registering a trademark in Hong Kong, contact Bestar to discuss your case. They can help you to understand the registration process and can advise you on the best way to proceed.


Let me know if you have other questions.


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