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Trade Marks
China Trademark protection rights could only be obtained after the trademark is officially registered with Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China.
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Hong Kong Trademark Under the Trade Marks Ordinance (Amendment 2000) which was introduced in 2003, the process of registering a trademark in Hong Kong could now be completed in 8 months.
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Community Trademark A Community Trademark Registration covers all 25 member counties of the European Community. If you are considering registering your mark in three Enropean countries, you should consider the Community Trademark.
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Trademark Classes For the purpose of trademark registration, all products and services and categorised into 45 classes. A trademark could be registered in one or more classes.
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TRADEMARK REGISTRATION
HONG KONG


HONG KONG TRADEMARK LAW

In Hong Kong, the 2000 Trade Marks Ordinance Cap. 559 (introduced on April 4, 2003 and replacing the Trade Mark Ordinance Cap 43) governs the Hong Kong Special Administrative Region's trade mark system (which is separate from that of the rest of the People's Republic of China pursuant to the "one country-two systems" policy). Hong Kong's current (and recently superseded) trade mark law is very similar to that of the United Kingdom.

The procedure to register a mark is relatively straightforward. An application is filed with the Hong Kong Intellectual Property Department's Trade Mark Registry, and it is assessed by an examiner for deficiencies. The examiner may issue a report on the application - most deficiencies are based on an assessment that the mark is "devoid of distinctiveness", or are identical or very similar to a third party's trade mark. The two grounds of objection are, first, absolute grounds (the mark is inherently not registerable) and, second, relative grounds (the mark resembles or is identical to another pre-existing registration). Once the applicant has an opportunity to be heard on the report, the application will either be rejected, or accepted for advertisement. Any party who wishes to oppose the registration of the mark can file a notice of opposition, which culminates in administrative proceedings. Otherwise, the Trade Mark Registry will issue a certificate to the applicant, certifying registration. A straightforward application (excluding pre-filing search) will cost HK$4300 (the fee recommended by the Hong Kong Law Society).

Under the new law, a mark which has not been in use for 3 years can be removed by an application from a third party.

The old trade mark law provided for a division in the Register, between "Part A" marks and "Part B" marks. Part B marks were marks considered by the Registrar to be less distinctive by their nature but still qualifying for registration: Part A marks were entitled to a greater level of protection than Part B marks. Under the new law, this distinction has been abolished.

Other developments include the introduction of certification marks, collective marks, well-known marks, sound trademarks, and smell trademarks. In addition, removal of a trade mark for non-use has been reduced from a period of 5 years to 3 years.

Also see:
Hong Kong trademark registration requirements, procedures and costs
Hong Kong intellectual property rights protection

Hong Kong Head Office              Room 803, Futura Plaza, 111 How Ming Street, Kwun Tong, Hong Kong
                                                 TEL +852 2341 1444      FAX +852 2341 1414      E-mail info@bycpa.com

Shenzhen Office   TEL +86 (0755) 82684480 82684483 82684484 FAX +86 (0755) 82684481
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Beijing Office   TEL +86 (010) 68748420 68748422    FAX +86 (010) 68748421  

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