Trademark Registration - VP Trademark Registration Services
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.
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.
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
Your application must include a list of all goods and services which you want to register your trade mark with. You must list the goods and services in the class(es) they fall in. You should also state the number of class(es) they fall in. The general classification
under the 2023 version of the 12th edition of the Nice Classification by the World Intellectual Property Organization (WIPO), applied to the Hong Kong Special Administrative Region with effect from 1 January, 2023, which guides you how to find out the class(es) that your goods and services falling into.