When you start a new business, of course you already have an idea of the brand you will design and use. It is not only enough for you to have a good brand, eye catching and easy to remember, but it must be secured before your brand and logo are used by other people. You certainly don't want other people to ride on your success because your brand has not been officially registered, and someone else is ahead of you. That's why you should know about creating a trademark in Hong Kong as your intellectual property protection. If you already have trademarks, it prevents anyone from misusing or copying them.
Why Register Your Trademark?
Hong Kong has a trade marks ordinance to protect registered trademarks. You need to register your trademark, because you can show proof that you are the owner of the mark. For example, if you don't have a trademark yet but your brand and logo are already circulating on the market, you have to take action in accordance with common law to pass it off, and hope that no one misuses it. Misuse of trademark can cause financial losses and customer trust regarding your brand. Taking care of it in advance will ensure that every brand you register will be protected by law.
Things to Prepare Before You Register Your Trademark
Each trademark application has criteria that must be met. You cannot carry out a registration application if you still cannot achieve some of these criteria. Some important things you should note are: Ensure your trademark is distinctive, there are no words used that have no association with your business. Don't use descriptive words about your goods and services such as Good Bags, Best Wash Service, etc.
You can't use well-known terms in your line of business, for example you can't use Mc'Donaldu for your fast food restaurant. Ensure your trademark is not already applied or registered to the similar goods and services. If someone has already applied, your registration application may be rejected.
There are also certain words from the Hong Kong Government that may not be used by applicants as part of the trade mark, such as: Power Bank, iPod, Boogie, Caterpillar, Jacuzzi, Karaoke, Bluetooth, MacBook, Blu-ray, Popsicle, CompactFlash.
Getting trademark in Hong Kong
Now we find out how we got trademark in Hong Kong. Follow the method below, until you can have your own trademark for your business.
- Trademark registration process
Filed the application for registering a trademark to the Trade Marks Registry office. You can take care of it online or visit the office directly. The applications need to be filed with the Intellectual Property Department of the Government of the Hong Kong SAR. Trademarks can only be registered which are being used by a company or a person or are about to be used in the future.
Submit the Trade Mark Form T2, personal details of the applicant, a clear image of the trademark, specification of the trademark, claims for priority consideration. After the registrar receives your application, the examiner will look at the application to see if there is any missing information or any deficiencies.
After the deficiency check is complete, it's the stage of search and examination. The examiner will search the trademark records to see whether there are similar or similar trademarks that have been registered or applied for the same or similar goods and services.
The examiner will check whether your application complies with the registration requirements under the Trade Marks Ordinance. The examiner can raise an objection when the requirements are not satisfied, and you have 6 months to overcome the objection, and can add another 3 months in the future. You can choose from several options, such as providing evidence that your brand has a distinctive character, filing a consent from the previously registered owner which prohibits you from registering your mark, filing an amendment to remove the services or goods affected by the objection.
If you want to insist on registering your trademark even though someone has already registered it first, you can file a hearing request to present all the evidence and wait for the hearing officer's decision. Same goes for the trademark you create, everyone can view your new trademark and file an opposition within 3-month form the date of publication. You can respond to the opposition or withdraw your application.
For valid registration without problems, it can be valid for the next 10 years, and must be renewed every ten years.
- Cost of trademark in Hong Kong
If there are objections, oppositions, or deficiencies in your application, you can continue the procedure and it can be completed within 6 months. Depending on how complete your requirements are, the process can take up to 12 months. The application fee and form that must be submitted to the Intellectual Property Department of the Government of the Hong Kong SAR is HK$1,300.
Benefits and Challenges Doing Business in Hong Kong
If you have an additional trademark class in the application, there is an additional fee of around HK$650. Class in a trademark if you want to refer to the type of goods and services that you want to obtain a trademark.
- Hiring professionals to set up your business trademark in Hong Kong
Registering a trademark can be a challenging process and you can be overwhelmed with the paperwork. You can look for an agency or a professional to take care of all trademark registration issues. If you don't understand where to start to create a business trademark, SMEBrother is here to help.
SMEBrother is your best place for registering your business, obtaining a trademark, legalization, or any other needs for your small and medium-sized business.
So contact us right now and start preparing your trademark until we come to you to take care of all the paperwork and any requirements until it's finished. We have more than a decade of experience helping new business owners in taking care of their business needs, including providing personal advice and administrative help when applying for copywriting and trademarks.
