In Hong Kong, trademarks are protected by the Trademark Ordinance law. In case your trademark is not registered, other laws can be used to protect it as a last resort. In such cases, a lot of goodwill is needed to enforce such laws. Failing to register your trademark can give your competitors the opportunity to register similar marks as yours.

In case you intend to use a trademark, you can initiate the Hong Kong trademark registration process. You are not required by law to prove that you have been using your intended trademark. Once your application is processed, your trademark certificate will be issued. However, any registered trademark that remains unused in Hong Kong for a period of three years can be cancelled. All that is required is an application for its cancellation by anyone with vested interests.

In this Asian City, your trademark is considered to be in use when either your licensee or anyone else uses it with your consent. It is not mandatory to have your licensee registered, but for their own benefit, they can choose to do so. Foreign individuals or companies can apply to have their symbols registered in Hong Kong. Their country of origin or their current address cannot disqualify them from applying.

Benefits of Registering Your Trademark

· Registration assures you of safety while using your symbol. You avoid worries that may be caused by competitors who may intentionally infringe on your mark.

· The best form of proof you can use to lay claim to your symbol is a trademark certificate.

· Registering your trademark enables you to lawfully use the symbol ® next to your trademark.

· It also bars other individuals from having identical marks registered on goods that are in the same class as yours. It gives you the legal backing to fend off attempts by competitors to register similar marks that may later cause confusion.

· Registration gives you the power to pursue legal redress against counterfeiters.

· A registered trademark is a great corporate asset. It is useful when your company is valued in Initial Public Offers or M&A situations.

· In many major world trading centers, having the Hong Kong trademark registration is essential for your global marketing plans.

Some agents can process your registration for a fee of HK $4,500 per product category. Product categories are defined by the classes appearing in the Classification of Goods and Services (Nice). The agent fees are all-inclusive. No additional charge on publication, registration or trademark certificate issuance is required by the registry or the agents. For additional product categories, a sum of HK $2,250 should be paid to cover all the charges.

Trademark Distinctiveness

Only marks that are distinctive can be registered. Examples of marks that are not distinctive include marks that consist solely of your product’s actual shape. This may be the shape that gives your specific goods their substantial value.

The marks could also be those that basically consist of general signs that are used in commerce. Such signs may be used to indicate the product’s quality, type or quantity. It may also represent its value, or time of production.