Knowing and understanding the procedure of the trademark registration is very important for the holder in order to have a better opportunity for a successful registration. Hence, what is procedure of trademark registration in Hong Kong?
+ Step 1: Trademark search in Hong Kong
In the respect of registration procedures in Hong Kong, to ensure safety for the holder’s trademark registration, before filing a trademark application, a trademark search is conducted to undertake that they have a good chance to register their trademark successfully.
When having the result of searching their trademark in Hong Kong, if their trademark is capable to be registered, the holder should carry out procedures of filing application as soon as possible.
+ Step 2: Filing trademark in Hong Kong
Procedure and dossiers relating to the registration are complex and it needs time to judge. There are some requirements to complete an application, include: name and address of applicant, description of trademark, list of goods/services, statement of use, statement of intention to use and official filing fee.
In addition to goods/ services classification, this jurisdiction use Nice classification systems. One application can cover multiple classes of goods/services but the applicant must pay additional state fee for this.
If the applicant is not domiciled in this jurisdiction, he must provide local address for service in Hong Kong and may apply for registration through a local agent/attorney/representative, who must provide substantial address where the applicant continues business activities.
After the application is applied, it will be examined about formalities, classification, clarity, descriptiveness, distinctiveness, deceptiveness, conflict with applications registered before, prior-filed application or even the earlier use of others for such trademark in practice. Total time frame to register trademark in Hong Kong is about 6 to 9 months (no opposition), and when the trademark is registered successfully in Hong Kong, the holder shall be granted the protection certificate of their trademark.
What rights do owners of trademark have after getting trademark registration in HONG KONG?
If trademark is registered successfully, the owner will be granted Trademark protection certificate by the entitled office.
From that, the owner will have following rights:
+ right to use trademark exclusively
+ right to oppose subsequence conflicting applications
+ right to claim cancellation against subsequence conflicting registration
+ right to license the third party use the trademark
+ right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction
+ right to obtain damages for infringement.
Besides, the holder can have rights to claim for priority in other countries signing treaties containing provisions on priority in which Hong Kong has joined. Therefore, a successful trademark registration brings many rights and benefits to the holder.