Registering a hong kong trademark https://www.accoladeip.com/us/en/trademark-search/ provides prote ction against others from using your mark without your permission. It also protects your name and goodwill in the market. It is also essential in e-commerce as a registered trademark can prevent others from misusing your brand.
In Hong Kong, the principle of first-to-file means that rights accrue to the earliest filing date. However, the application should be based on actual use or honest intention to use in the market.
Trademark search
A trademark is a sign that distinguishes goods or services between traders. It can consist of words, numerals, or figurative elements and may be represented graphically. Trademarks are protected under the Trade Marks Ordinance and common law doctrine. Trademark protection varies from country to country. For example, Hong Kong provides a ten-year protection period, while Canada and the US have protection periods of 15 years.
The Hong Kong trade mark application process requires a thorough search of existing marks to determine whether your proposed mark is registrable. In addition, you must provide evidence of use to support your application. A professional firm can assist you in this process.
The iPNOTE platform can help you navigate the process of registering your trademark in Hong Kong. The price includes official fees and professional costs for the registration of your trademark without opposition. The price also covers a Quick Consult with a top patent attorney in Hong Kong.
Registration
The registration process in Hong Kong is governed by the Trade Marks Ordinance. It starts with the filing of the application to the Trade Marks Registry. The Registry will then examine the mark to see if it meets all of the requirements. If it does, it will publish the mark in the Hong Kong IP journal. This will give anyone the chance to file an opposition to the trademark.
Opposition is based on the fact that the mark is confusingly similar to another registered or in-use trademark. It can be filed by any person within three months of the date of publication.
If the application is not accepted, the applicant will be notified by the Registry. If they still want to proceed with the registration, they can either request a hearing or appeal the decision in court. In order to win the case, they will need to have solid evidence of use and proof of ownership.
Opposition
Once the application has passed the examination process and been published, any interested party can raise opposition to the trademark. The opposition period is three months and it’s up to the applicant to file a counter-statement or respond to an objection in order to prevent the acquisition of rights by another party.
The registrar has discretion to determine the grounds of an opposition and, therefore, not every application will be refused. However, the Registrar should take into consideration whether there is a reasonable likelihood that the mark may cause confusion or deceive consumers.
The HKIPD is responsible for regulating the registration of trademarks in Hong Kong. This includes monitoring the trademarks of other jurisdictions to ensure that their use does not infringe on local intellectual property laws. It also oversees the implementation of the “one country, two systems” principle. This means that Hong Kong is allowed to develop its own laws and policies, independent of Mainland China.
Renewal
hong kong trademark are valid for a period of 10 years and can be renewed for further periods of 10 years with the payment of renewal fees. The trademark registration process can take about 8 months from application to registration. After the trademark is registered, the Intellectual Property Department will issue a certificate with the mark’s details. This will prevent others from registering similar marks and it will allow you to take legal action against them.
Once your trademark application meets all the requirements and no one objects to it, it will be published in the Hong Kong Intellectual Property Journal. If anyone does object to the trademark, an opposition hearing will be held. If the opposition is unsuccessful, the trademark will be registered and you will receive a certificate of registration.
If you miss paying your renewal fee, it is possible to restore your trademark registration. However, you should not rely on restoration to delay paying your renewal fees.
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