Trademark Registration

 

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 the above. A sign must be capable of being recognized literally or graphically in order for it to be registered as a trademark.

Purpose of Trademark Registration

Registration of trademark is not compulsory in Hong Kong. Whether a trademark has been registered or not, it is already been protected under the common law. The trademark owner must prove its loss and the justification of the value of the trademark. However, if the trademark is properly registered under the Trademarks Ordinance, the trademark owner has the right to prohibit the others to usage its trademark on any products or service before obtaining his approval. This can prevent other people using its trademark on their products or services. The right of a trademark owner is more easily enforced if the trademark is properly registered.

 

The time required for application is about 6 months, valid period for the registration is 10 years, which could be renewed upon expiry.

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