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Trademark Registration Lazybones Pack] 4 Processes and Fees for Trademark Registration in Hong Kong in One Article
To register a trade mark in Hong Kong, you need to apply through the Intellectual Property Department (IPD) and pay a fee. After that, the examination process will begin and if the application documents are in order, they will be published in the Hong Kong Intellectual Property Gazette (IP Gazette), and you will eventually receive a trade mark certificate.
What is Trademark Registration?
Legally recognised identifiers
"Trademark registration" is a legal process whereby an enterprise or individual applies to a government department (e.g. the Intellectual Property Department of Hong Kong) for the exclusive right to use a brand name, logo or pattern that the enterprise or individual is using.
Trademark registration is an important way to protect your brand and market recognition, so that your brand can be "recognised and protected" in the market.
3 Common Trademark Statuses
There are three types of trademarks that are often seen in daily life, namely "®", "©" and "™":
| trademark | Status | significance |
|---|---|---|
| © C (Copyright) | Protected by copyright | Copyright Marker |
| TM (Trademark) | "unregistered trade mark" or "Trademark Application in Progress | No legal protection and still at risk of being pre-registered |
| ® R (Registered) | Trademark has been registered successfully | Exclusive right and obligation to use. |
Trademark Registration vs Company Registration vs Business Registration
Do I need to apply for trademark registration after registering my company?
The answer is yes! It is because companies and trade marks are regulated under different laws and units.
Below is a table that illustrates the three types of registration that are often confused:
| Category | Authorities in charge | Functional Highlights |
|---|---|---|
| Trademark Registration | Intellectual Property Department | So you can "protect the brand". |
| Company Registration | Companies Registry | So you can start your own company. |
| Business Registration | Inland Revenue Department | Keeping you "in business" |
Why do I need to apply for a registered trade mark?
Avoiding Competitor Piracy or Counterfeiting
Without a registered trademark, anyone can use a name, logo or packaging design similar to yours. If someone else is the first to register, you may be forced to change your name, take your product off the shelves, or even face an infringement lawsuit!
Trademark registration is like putting a legal shield on your brand so that you can operate without fear of being copied.
Enhance trust and brand image
Having a registered or applied for trade mark is a great way for consumers to know that you are a professional and legitimate business, and the certificate of trade mark registration can be used as evidence of your brand's strength, whether you are working with suppliers, attracting investors, or accessing large platforms.
This not only strengthens a company's brand capital, but also makes the brand more competitive in the long run.
Hong Kong Trademark Registration Process
Step 1. Submit your application to the Intellectual Property Department (Form T2)
Applicants can apply throughIntellectual Property Departmentor in writing to the Intellectual Property Department. The form should be completed with the following key information:
- Applicant's name and address
- Trademark pattern (text or image)
- Type of goods or services
- Contact and Representative Information
Step 2. Trademarks Registry to conduct examination
The Examining Officers will check whether the application information is complete and correct and examine the trade marks.
Step 3. Publication of Announcement in the Gazette
After the examination and approval of the trade mark application, the trade mark will be published in theHong Kong Intellectual Property OfficeAny person may lodge an objection to an application for registration within three months from the date of publication of the application.
If no objections are raised, or if approval is upheld after the objections are dealt with, the application will formally proceed to the final stage of approval.
Step 4. Receive certificate of trademark registration
Upon successful approval of a trade mark by the Registrar, the information will be entered into the Register and a certificate of registration will be issued to the applicant indicating that the registration of the trade mark concerned has been completed.
How much does it cost to register a trade mark? By Application Form
The application fee is differentiated according to the application form, each of which serves a different purpose:
| Form No. | Use of Forms | Fee |
|---|---|---|
| T1 | Request for search of records / request for preliminary opinion on registrability of trade mark | HK$400 |
| T2 | -Application for registration of a trade mark or a series of trade marks -Defence Trademark Registration Application | -HK$2,000 -HK$2,300 |
| T3 | -Request for Separation of Registration Application (Separate Description of Goods/Services) -Requirement to separate applications for registration (separate series of trade marks) | HK$650 |
| T4 | 1. Request for combined registration application 2. Request for consolidation of separate registrations | – |
| T5 | Request for change of name, address, service address or agent's address | – |
| T5A | Request for Amendment of Application | – |
| T5B | Request for amendment of trade mark icon / Request for deletion of trade mark in a series of trade marks | – |
| T6 | 1. Notice of Objection/Disagreement 2. Application for cancellation, declaration of invalidity, alteration or correction of errors or omissions in the register of trade marks. 3. Application to intervene in proceedings for revocation, declaration of invalidity, variation or rectification | HK$800 |
| T7 | misrepresentation | – |
| T8 | -Renewal of trade mark registration required -Late Renewal Fee -Request for restoration and renewal of trade mark registration | -HK$2,670 -HK$500 -HK$4,000 |
| T9 | Abandonment of registered trade mark | – |
| T10 | -Application or notification for registration of registered transactions (other than licences) -Requirement to amend or delete registered particulars of security interests | -HK$800 -Free |
| T11 | -Application for or notification of registration of licence -Request for amendment or deletion of registered particulars of licence | -HK$800 -Free |
| T12 | -Notice of Attendance Hearing -Statement of the grounds for the request | -HK$1,700 -HK$1,500 |
| T13 | Request for extension of time limit | HK$200 |
| T14 | -Request for copies -Request for certified copies -Request for a certificate under section 79(2) of the Trade Marks Ordinance | -Per page HK$6 -HK$150 per copy -HK$200 per copy |
Notes on Trademark Application
Advanced Business Labelling before Submission of Application
Before submitting an application, it is recommended to visit theTrademark RegistrationTo avoid the risk of refusal of registration or infringement, "conduct a search to confirm whether there are similar or identical trade marks, or use the T1 form to ask the examiner to give a preliminary opinion.
Unused for three consecutive years will be cancelled.
According to the Hong KongTrade Marks OrdinanceArticle 52 of the TRIPS Act provides that "Any person may apply to the Intellectual Property Department for the cancellation of a registered trade mark if the trade mark has not been in actual use for goods or services for more than three consecutive years".
Therefore, even if a trade mark is successfully registered, it may still lose its protection if it is left unused for a long period of time.
Improvement within 6 months after refusal of registration
If the review is rejected, the applicant has a six-month period to amend or resubmit the application with remedies. Remedies include:
- Modification of trade mark patterns or removal of disputed elements
- Adjustment of commodity/service categories
- Provision of Supplementary Note or Legal Note
If no adjustment is made during this period, the application will become invalid and you will need to pay the fee again and apply again. So remember to seek professional advice and complete the amendments as soon as possible after receiving the "Notice of Assessment".
Frequently Asked Questions
How long does it take to apply for Hong Kong trade mark registration?
It takes about 6 to 9 months from the submission of application to obtaining the certificate of registration. The actual time required will depend on factors such as the completeness of the application documents, the need for supplementary documents or amendments, and whether any objections are lodged during the publicity period.
Do I have to register a trade mark to set up a company?
Not necessarily! Company registration and trade mark registration are two completely different systems and regulations.
Company registration only allows you to "set up a legal company", but does not mean that you have the exclusive right to own the brand name. Trademark registration allows you to "legally protect the company's image and name", so that the trademark becomes the exclusive property of the company.
Can I apply for a trade mark on my own?
Yes, Hong Kong's trade mark registration system is open to individuals or companies to apply on their own.
Is a logo the same as a trademark?
Different. "Logo" refers to the visual design of a brand (e.g. fonts, patterns, colours) and is not protected by law, whereas "Trademark" is a legally registered and legally protected identification mark.
How long is a trade mark valid for?
A Hong Kong registered trade mark is valid for a period of 10 years and may be renewed before expiry, with each renewal extending for a further 10 years.
If you do not renew your trade mark within the deadline, it will expire but you can still apply for reinstatement within 6 months after the expiry date (additional fee required). It is advisable to set up a reminder in advance to avoid inadvertently missing the renewal deadline.
Can the trademark be transferred?
Yes, the transfer can be completed by submitting a T10 form to the Intellectual Property Department and paying a fee. However, it is not necessary to transfer the ownership, but you can specify the scope of authorisation and conditions of use to avoid legal disputes in the future.
Can all logos be successfully registered?
No, not all marks can be registered. A trade mark must be distinctive and recognisable and must not be confusingly similar to an existing registered trade mark.
Is it possible to register a brand mark in more than one country or region at the same time?
Yes. Companies can protect their brand marks through the international system or by submitting separate applications to each country.
What if someone infringes on my trade mark rights?
You may send a warning letter to the infringer or file a lawsuit to stop the infringing behaviour and possibly seek damages.
What is the "objection period" in the trademark registration process?
The opposition period is a specific period of time after the publication of the approval of a trade mark during which any person may raise objections, and if there are no objections, the trade mark will be duly approved.
Can I register more than one trade mark at a time?
Separate applications must be filed for each separate trade mark design, emblem or name, and a single application cannot be used to cover a number of different trade marks.
Don't know how to apply for trademark registration? Lonfon provides professional trademark registration service.
Although the procedures for trademark registration are clear, the actual operation still involves details such as design of drawings, choice of classification, preparation of documents and legal judgement, etc. Improper handling may result in delay or rejection of the application.
Our team has years of experience in helping you save manpower and time. We will accompany you all the way through the process of document preparation, service classification, review and announcement to ensure the smooth completion of your application. Book a consultation now to give your brand solid legal protection.