Hong Kong Trademark Registration

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Registering a Trademark in Hong Kong

Trademarks are typically a word, phrase, or graphic image used to protect the originality of a business or entity. Trademarks help to distinguish one product or service from other similar products and services. This legal detail is used to prevent other parties from creating competitive goods and services using your brand. Trademarks help protect the integrity of a business and its reputation.

Some people believe that simply having your business name registered will protect you against the wrongdoing of your brand. Unfortunately, registered business names are not recognized as trademark protections are and you could be leaving your business open to damages and vulnerabilities. You can register your trademark in Hong Kong, which is not complicated, and something that we would be happy to help you with.

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Hong Kong Trademark Registration - In Hong Kong

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Where to start in your Trademark Journey

We know that starting a business is a big deal and requires a lot of effort across the board. Before you invest too much effort in your business name, colors, graphic design, photography, video, and branding; you may want to consider a trademark search.

In days gone by you could operate your business in a small geographical area without worrying too much about trademarks and competitors. But today, in an e-commerce world where everyone is online, getting a trademark for your business entity is a smart decision.
We can start this process for you with a trademark search. Here are some of the search. We being with a thouogh nameserach with the Hong Kong Intellectual Property Department.

How to register a trademark in Hong Kong

The process of applying for trademarks in Hong Kong is done with the Trademark Ordinance along with the Trademarks Registry. We will talk more in depth about the actual process below.

After your trademark application is submitted, the trademarks registry will investigate whether or not the trademark is acceptable under the ordinance. Once it is deemed your trademark can be used, the registry will publish it in the official Trademarks Journal which will allow your trademark to be open to objection by other persons for a three month period. If no objections are identified within these three months, the trademarks registry will approve your application which will be good for 10-years from the original application filing date. You can renew your trademark after that 10-year period concludes.

A trademarks application fee consists of $1300HK plus a $650HK for any additional classes you would like to include on your application. This process varies in approval time periods, but we like to allow for a 12-month time frame for the application to be processed and approved.

Please note: Applying for a trademark in Hong Kong is only good within the country’s borders. For instance, if you need protection in other jurisdictions like China or the United States, you will need to apply separately in those countries to ensure your brand is protected.

Documentation Needed for the Trademarks Registration Process

You will need a number of pieces of documentation and information in order to apply for a trademark with the Trademark Registry. We've created a checklist below to help you get started on this:

Trademark Material Copies

4-black and white prints. 15-color prints

Domain Details

A detailed list of what products or services should be covered in the trademark.

Proof of Domain

A business certificate or something similar that can prove name and address.

Priority

A document that claims you need the trademark to be considered for priority.

Legal

Depending on the circumstances, you may need a Power of Attorney letter.

The Hong Kong Trademarks Registry Process

As you wait for your trademark to be registered with the Hong Kong Trademarks Registry, there'll be a number of processes taking place during the evaluation and registering period. This is to ensure that your trademark is free from any complications and that you are legally allowed to apply for the trademark. Here are just a few of the services that will be done during this process:

Trademarks search and evaluation to ensure originality.

The preparation of documentation to be submitted.

Submittal process with the Intellectual Property Department.

Regular followup with appropriate parties or departments.

Regular followup with appropriate parties or departments.

Work through any objections of the trademark application for remedies.

Trademark Classifications

The trademark classifications can be a little complicated and are designed to help place your goods or services into a particular category. These are broken down into:

Trademarks

Legally registered words or imagery that will represent a business.

Service Marks

A legal designation which separates your product or service from others.

Certification Marks

Shows consumers the product or service has met certain standards.

Collective Marks

Identification of a collective organization like a union.

If you are unsure of what kind of trademark you will need, you can start with the World Intellectual Property Organization. After that, we can certainly help you decipher how to classify your goods or services.

Trademark Benefits

Trademarks are used around the world every day to help businesses communicate with the world and to protect themselves and their intellectual property. You might be wondering whether or not you need a trademark for your business, so we have broken down some of the best reasons why a trademark might be right for you.

Trademarks are Communication Tools

We tend to see trademarks as a means of protection, but they also help communicate your brand to the world. Since trademarks do not have to be words; graphic designs and colors can turn a business product or service into an effective marketing strategy to reach your target audience.

Brand Identity

Trademarks are a great tool to brand a business product or service that allows the right customers to find you. This is a helpful tool for your audience to be able to decipher your product or service from that of others. This is a competitive world and anything that can give you an edge in that space is going to prove beneficial to your business.

Value Add

Using a trademark can create added value to your business, especially as it grows in a competitive marketplace. Just think, the trademark that you apply for today could be worth millions of dollars in just a few decades or less.

Small Investment

And speaking of value, trademarks are a relatively cost-effective way to protect your business and market it to the world. Applying for a trademark is a smaller business expense compared to many of the capital investments that you will make in your business.

Trust Building Identifier

In an incredibly noisy market, anything that allows you to stand out will be worth its weight in value. When your target market can easily identify your trademark you will be earning trust with your audience as a legitimate product or service.

Operating Without a Trademark

You likely already have a good understanding of how “not” having trademarks can leave your business vulnerable. We thought we would uncover some of the other damages that can be done if you decide not to trademark your goods, services, or intellectual property.

Your rights

Your rights to use your own intellectual property could be at stake with your brand if you do not properly trademark your business identifiers.

Infringement

If you fail to trademark your business you could be infringing on someone else’s product or service, even if you had no idea it existed. Getting a trademark properly registered will eliminate that conflict before it even begins.

Your Protection

A registered trademark will protect your business from others using your identifiers to either copy, replicate, or mislead your audience or customers. You will have legal recourse if you choose to register a trademark, but without one, your legal pathway will be difficult or impossible to defend.

More Trademark Considerations

Something else you may not have considered is how trademarks can protect you or your business from those who wish to model after your product or service. In many cases, trademark protection will keep competitors from coming up with names, logos, colors, phrases and other identifiers that look or appear similar to your own. For example, after coming up with your business logo, you don’t want someone else to use that logo by adding a little something extra of their own to it. Having a trademark registered can give you legal recourse from those who use your logo or words along with their own, to infringe on your brand.

*It is important to note that there isn’t a truly effective International trademark option. You may register through the World Intellectual Property Office, but this system isn’t recognized worldwide. Your best bet is to always apply for trademarks in the countries you wish to do business with to ensure you are fully protected.

A Final Note: If you need help with your Hong Kong trademarks application or your Hong Kong Trademarks Registration, we urge you to contact us so we can help you through this process. We understand that you are busy working on your business and may not have the time apply through the trademarks process in Hong Kong. Our professional business team can help you gather the proper documentation and information needed to apply for your Hong Kong Trademarks Registration and how to properly fill out the application. We can keep you posted and updated throughout the process so you feel confident about receiving your trademark certificate.

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