The trademark laws and regulations in Hong Kong, China are formulated with reference to the UK Trademark Law and belong to the Anglo American legal system. From 1954 to 1990, multiple legal documents such as trademark laws, regulations, resolutions, rules, and notices were promulgated. Later, the Trademark Law was extensively amended, such as canceling the registration of trademarks in books A and B and changing the validity period of trademarks to 10 years. However, the general outline of the UK Trademark Law was still retained. The current trademark laws and regulations in Hong Kong, China are mainly based on the Trademark Ordinance (Chapter 559) implemented on April 4, 2003 and the Trademark Rules (Chapter 559A) implemented on April 4, 2003.
The Intellectual Property Department of the Hong Kong Special Administrative Region is responsible for managing trademark affairs, and the official languages are Chinese and English. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Hong Kong, China adopts the principle of "use first".
Hong Kong, China is a party to international intellectual property treaties such as the TRIPS Agreement and the Hong Kong New Zealand Closer Economic Partnership Agreement, and has not yet joined the Madrid System. Therefore, trademark registration can only be applied for separately.
At present, the Intellectual Property Department of the Hong Kong Special Administrative Region of China adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Hong Kong, China include: text, name, graphics, letters, numbers, three-dimensional identification, color combinations, slogans, sound, smell, etc.
If the applicant does not reside in Hong Kong, China, they must entrust a specialized agent in their local area to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4.If priority is declared, the country of priority, application number, and application date must be provided; If there is a prior trademark during the examination process, the examiner will request priority proof documents and corresponding Chinese/English translations (in the language used at the time of application submission).
The main process of applying for registration of a trademark in Hong Kong, China is: application acceptance examination announcement approval issuance. The application will be accepted within about 2 days after submission. The Trademark Registration Office first conducts a formal examination, mainly examining whether the application requirements and classification information comply with regulations. If they do not comply with regulations, a notice of correction will be issued; If it meets the requirements, the examiner will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After the substantive examination is approved, an announcement will be arranged. The day before the expiration of the 3-month period from the announcement date is the objection period. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the registration can be approved and a registration certificate can be issued; In a smooth situation, trademark registration in Hong Kong, China takes about 8 months; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking 2-3 years.
The trademark registration in Hong Kong, China is valid for 10 years from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months and a recovery period of 6 months; The renewal is valid for 10 years.