hong kong trademark https://www.accoladeip.com/us/en/trademark-search/ is an effective way to protect your business. It includes colors, sounds and shapes that distinguish your goods from others.
The application form must be filled correctly. Otherwise, it may be rejected. Furthermore, once it is published, third parties can file an opposition within 3 months after publication.
Registration Process
Before your trademark is registered, the IPD has to thoroughly evaluate your proposal to ensure that it complies with the Trade Marks Ordinance and the Trade Marks Rules. This process involves comparing your proposed mark to other marks that are already registered in Hong Kong, or that are submitted for registration. It also checks that your mark is distinctive enough to differentiate you from your competitors.
Once the IPD decides to accept your trademark, it will be published in the Hong Kong Intellectual Property Journal. This is where other third parties can file objections. If they do, the IPD will hold a hearing with all evidence presented and make a decision.
If no oppositions are filed or they are resolved in your favor, the IPD will register your trademark. It will then issue a certificate of registration, which is valid for ten years. However, you should note that your trademark rights are only protected in Hong Kong. If you want to protect your trademark in other countries, you must apply for a separate national registration.
Oppositions
The law recognises unregistered rights such as passing-off and unfair competition and opposition proceedings can be brought to prevent a mark being registered if it infringes your unregistered rights. Oppositions are different from cancelling / revoking trademark registrations as they are conducted via the HKIPD rather than in court and are generally less costly.
If an application for a trade mark is deemed to satisfy all of the registration requirements it will be published in the Hong Kong Intellectual Property Journal and opposing parties have three months from the date of publication (or extended to three months in certain cases) to file their opposition. The most common grounds for opposition are similarity to an earlier mark, bad faith and descriptiveness. However, unless the allegations are genuine and backed by cogent evidence they will be dismissed at an early stage in the process.
Renewals
After the three-month period ends and no oppositions are filed or subsequently resolved in your favor, the authorities will register your trademark. A notice of registration will be published in the Hong Kong Intellectual Property Journal and your rights will take effect from the date on which you filed your application for registration.
However, you will need to keep up your use of the mark in order for it to remain valid. Otherwise, it will be vulnerable to cancellation on the grounds of non-use.
Patents and trademarks are two different types of intellectual property protected by different laws managed by separate departments. A patent covers an invention whereas a trademark protects the graphical or physical mark that distinguishes a particular product or service. As such, the Companies Registry is responsible for registering local companies and foreign companies incorporated with an established place of business in Hong Kong while the Intellectual Property Department Trade Marks Registry oversees trademark registration.
Disputes
While hong kong trademark geographically shares a border with Mainland China, the “one country, two systems” principle dictates that the region operate independently and have its own legal system. This includes an independent IP regime and legal remedies for infringements. This is important because it enables companies to transfer their intellectual property rights through licensing and assignments.
A recent Hong Kong court judgment confirmed that Hong Kong courts can grant IP injunctions with extra-territorial effect. The case (Biozeal LLC v. Nature’s Story Company Limited & Seeky International Limited) involved a dispute over a trademark registration for “biozeal” in the United States and alleged infringement of that mark in Mainland China.
This decision supports the Hong Kong government’s initiative to position and develop the city as a world-leading IP trading and dispute resolution hub. The amendments to the Arbitration Ordinance that will come into force in January 2018 also reinforce Hong Kong’s status as a preferred arbitration venue for IPR disputes.
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