The registration process:
A trademark application has to be filed at the Intellectual Property Department. Foreign applicants do not need a local agent to do the application. However, an address for service in Hong Kong is unnecessary. In addition, foreign applicants do not need a domestic registration.
The first office action is usually issued within 2 months. If the examiner finds no reason to refuse the mark, it will then be forwarded for publication in the Hong Kong Intellectual Property Journal. Should there be no opposition within in the period of publication, the trademark will then be registered. The applicant will be given a certificate of registration.
Opposition Period
The opposition period is within 3 months from the date of publication of the trademark application.
Requirement of Use
If the trademark has not been used within 3 years from the actual date of registration or has later not been used for 3 years continuously, the mark may be subject to cancellation. In order to restore the protection of the mark, the owner needs to show subsequent use. This, however, is dependent on whether a party has requested cancellation due to non-use.
Trademark Validity
A trademark registration is valid for 10 years from the date of application. The registration can be renewed for periods of 10 years. If the owner fails to renew the mark after the due date, a grace period of 6 months is given.
The processing time from first filing to registration runs around 9 to 12 months.
The opposition period is within 3 months from the date of publication of the trademark application.
Requirement of Use
If the trademark has not been used within 3 years from the actual date of registration or has later not been used for 3 years continuously, the mark may be subject to cancellation. In order to restore the protection of the mark, the owner needs to show subsequent use. This, however, is dependent on whether a party has requested cancellation due to non-use.
Trademark Validity
A trademark registration is valid for 10 years from the date of application. The registration can be renewed for periods of 10 years. If the owner fails to renew the mark after the due date, a grace period of 6 months is given.