Hong Kong ranks 13th among the 50 high-income economies, in addition, it ranks 3rd among the 15 economies in South East Asia, East Asia, and Oceania. It can be said that Kong is a center of innovation for Asia, as well as a center of commerce, trade, and finance in the entire world.
Hong Kong is a well know Intellectual Property hub. It is also the focal point for the trading in IP, including technology transfer, licensing, franchising, merchandising, and copyright trading. As innovation and the knowledge-based economy become more and more important in trade and commerce, so does Hong Kong’s role as a premier IP trading hub in Asia increase.
Customers all across the globe will recognize your trademark if you register it in Hong Kong.
The trademark registration process in Hong Kong offers geographical protection. Trademarks must be registered in Hong Kong under the following categories to get protection as registered trademarks:
Period of Trademark Protection
The time frame for trademark protection varies from nation to nation. The protection term in Hong Kong is 10 years (Section 49 (1) TMO), although it is 7 years in Macau and 15 years in Canada.
In Hong Kong, the protection term begins on the application filing date, but in China, for instance, the protection period starts on the day of actual registration.
In Hong Kong, trademark protection is renewable (Sec. 49 (2) TMO). The renewal application has an extra six months to be submitted once the registration expires, but it must be submitted before that time. Therefore, it is theoretically possible to apply for renewed trademark protection without any restrictions, offering protection that would last forever. This is a key distinction between trademark protection and other intellectual property rights, such as patents.
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 processing time from first filing to registration runs around 9 to 12 months.
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 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. 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.
Brealant Limited is an IP services company with an office in Hong Kong. We are licensed by the Hong Kong government to file trademarks and act as an agent for foreign applicants. Please contact us to get more information about filing your mark in Hong Kong. We accept payments in HKD, USD, & EUR by bank transfer or credit card. The price quoted above includes registration in one class.