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Trademark Registration - VP Trademark Registration Services

Trademark Registration


What is a trade mark?
A trade mark is a sign that distinguishes your goods and services from the others’. A trade mark can be words (including personal names), letters, logos, numbers, etc or any combination of these. A mark may not be accepted for registration if it contains words that describe your goods or services or shows the quality or value of them e.g. you cannot use “Car” or “Best” as your trade mark for selling cars or that is a geographical e.g. “Asia”

Why register a trade mark?
Once the trade mark is registered, the owner has the exclusive right to use the trade mark in relation to the goods and services for which the mark is registered. Anyone using the same or similar marks in relation to the same or similar goods or services without your consent may be liable for infringement of your trade mark. You may take legal action to require the infringer to cease and desist the infringement and claim damages. By the same token, if you do not register your trade mark but the others have the same or a similar mark registered, you may be required to stop using your trade mark and this may cause serious disruption and damage to your business.

Why a trade mark search should be conducted?
Not every trade mark may be accepted for registration. A mark may not be accepted for registration if a similar trade mark is registered or under application. It is therefore advisable to conduct a trade mark search to confirm the existence of any such registered trade mark or application.



Hong Kong Trade Mark Application


How long does it last for?
A Trade Mark registration in Hong Kong is valid for 10 years and renewable for another 10 years.

How long does it take to register?
The process from the filing of application to the issue of trade mark certificate normally takes 6 months.

The Costs
Based on a straight-forward application without objection, opposition or other complications, the costs for registering one trade mark in Hong Kong is HK$5,800 up.

Half of our charges plus the government fee in full are payable upon confirming instructions and the balance is payable upon issue of the trade mark certificate.

A trade mark may be objected by the Trade Mark Registry or opposed by third parties for registration. If your application encounters any objection or opposition, further work will be required to resolve the same and the charges vary depending on complexity.



Trade Mark Application in China


How long does it last for?
A Trade Mark registration in China is valid for 10 years and renewable for another 10 years.

Application Time
The process from the filing of application to the issue of trade mark certificate normally takes 2 years.

A trade mark may be objected by the Trade Mark Bureau or opposed by third parties for registration. If your application encounters any objection or opposition, further work will be required to resolve the same and the charges vary depending on complexity.



*Classification of Goods and Services

Below is the general classification under the 2016 version of the 10th edition of the Nice Classification by the World Intellectual Property Organization (WIPO), used in Hong Kong with effect from 1 January, 2016, which guides you how to find out the class(es) that your goods and services falling into.

Goods
Class 1
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
Class 3
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Class 5
Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; ores.
Class 7
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
Class 8
Hand tools and implements (hand operated); cutlery; side arms; razors.
Class 9
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Class 10
Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials.
Class 11
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Class 12
Vehicles; apparatus for locomotion by land, air or water.
Class 13
Firearms; ammunition and projectiles, explosives; fireworks.
Class 14
Precious metals and their alloys; jewellery, precious stones; horological and chronometric instruments.
Class 15
Musical instruments.
Class 16
Paper and cardboard; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging; printers' type; printing blocks.
Class 17
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18
Leather and imitations of leather; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery.
Class 19
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20
Furniture, mirrors, picture frames; unworked or semi-worked bone, horn, ivory, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.
Class 21
Household or kitchen utensils and containers; combs and sponges; brushes (except paintbrushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware.
Class 22
Ropes and string; nets; tents, awnings and tarpaulins; sails; sacks; padding and stuffing materials (except of paper, cardboard, rubber or plastics); raw fibrous textile materials.
Class 23
Yarns and threads, for textile use.
Class 24
Textiles and substitutes for textiles; bed covers; table covers.
Class 25
Clothing, footwear, headgear.
Class 26
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Class 28
Games and playthings; gymnastic and sporting articles; decorations for Christmas trees.
Class 29
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.
Class 30
Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
Class 31
Agricultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables; seeds; natural plants and flowers; live animals; foodstuffs for animals; malt.
Class 32
Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.
Class 33
Alcoholic beverages (except beers).
Class 34
Tobacco; smokers' articles; matches.

Services
Class 35
Advertising; business management; business administration; office functions.
Class 36
Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37
Building construction; repair; installation services.
Class 38
Telecommunications.
Class 39
Transport; packaging and storage of goods; travel arrangement.
Class 40
Treatment of materials.
Class 41
Education; providing of training; entertainment; sporting and cultural activities.
Class 42
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43
Services for providing food and drink; temporary accommodation.
Class 44
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
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