Trademark Application and Registration

 

In today's economy, trademark is a valuable asset for companies/business(es) of any size. Registering grants you valuable rights to the trademarks. It is commonly used for business(es) in product branding, invisible goodwill & assets protection and group strategy planning. When an unregistered trademark or sign is used for a certain period of time, it establishes some rights in having certain trademark rights. However, these rights are quite limited when compared to the rights of a registered trademark owner. Hence, trademark registration is prima facie evidence of your ownership of the trademarkand the exclusive right to use the mark in connection with the goods and/or services listed in the registration.

We may help in trademark application and registration in Hong Kong, China, Macau, EU, Asian countries etc.. Generally, client will request a preliminary record search for the availability or similarity of your mark or sign in different classes** of products/services. Once available, application may be started and the process normally takes about 6-9 months in Hong Kong (on the conditions that there are no defects/deficiency or third parties' objection during the application process. Once registered, the validity is 10 years (in Hong Kong) with trademark registration date at the date of submission of application (where applicable). Process is similar in different countries but with different registration processing time and the validity period.

(Please note that trademark is normally valid geographically, registered trademark in one area/country does not mean the trademark owner is having same rights of the trademark in other countries/areas. It explains why most international trademarks may be applied and registered in different countries at the same time.)

During the trademark application, applicant must state clearly the classes of products or services the trademark is fallen into. All products/goods are classes from 1 to 34 where services from classes 35 to 45. Please refer below for the international classifications.
Advantages

• Provides constructive notice to the public of the registrant's claim of ownership of the mark
• Gives a strong legal presumption of ownership of the mark and the exclusive right to use the mark in connection with the goods and/or services listed in the registration
• Customer loyalty and product branding
• Preferal domain registration with registered trademark holder
• More strength with the InterNIC if a third party secures a domain name that infringes upon your trademark
• Take trade mark infringement proceedings in Court
• Enhanced Remedies for Infringement

Trademark in Hong Kong
Record Search (per mark & per class)	HK$780
Application & Registration (per mark & 1st class)	HK$4,800
Application & Registration (each additional class)	HK$2,500
Collection and Courier of Registration Certificate	HK$400

Includes trademark government fees and excludes any courier/postage of products/documents from overseas & any notarised / apostilled fees, if required.
Conditions apply, please ask for separate fee schedule for details.
T/T bank charges of HK$300 applies on each wire transfer.


International Classifications

(1) Chemicals	(24) Textiles
(2) Preservatives	(25) Clothing
(3) Bleaching preparations	(26) Lace and embroidery
(4) Industrial oils	(27) Carpets
(5) Pharmaceutical preparations	(28) Games/playthings
(6) Metals	(29) Meat, fish
(7) Machines	(30) Coffee, tea
(8) Hand tools	(31) Agricultural products
(9) Scientific apparatus	(32) Beers, non-alcoholic drinks
(10) Medical materials	(33) Alcoholic beverages
(11) Apparatus for heat/water	(34) Smokers' articles
(12) Vehicles
(13) Firearms	(35) Advertising
(14) Precious metals	(36) Insurance
(15) Musical instruments	(37) Building construction
(16) Paper	(38) Telecommunications
(17) Rubber	(39) Transport
(18) Leather	(40) Treatment of materials
(19) Building materials	(41) Education
(20) Furniture	(42) Scientific services
(21) Household/kitchen utensils	(43) Catering/accommodation
(22) Ropes, string	(44) Medical services
(23) Yarns/threads	(45) Personal/social services

Our aim is to provide a comprehensive service to our clients in Hong Kong and offshore operations. If you find above helpful, please free to contact us.