Intellectual property laws protect the graphical or physical mark that differentiates a product. These laws play an important role in encouraging innovation and promoting economic development.
The registration process requires substantial evidence of use or an honest intention to use the trademark. The Registry publishes the application and allows third parties to file an opposition within three months.
hong kong trademark https://www.accoladeip.com/us/en/trademark-search/ registration provides legal presumption of ownership, exclusive right to use the mark on designated goods and/or services, and is valid for 10 years. Renewal is possible within 6 months after the expiry date.
The process of registering a trademark in Hong Kong involves submitting the application to the Trademark Registry and conducting a search to make sure the mark is not already registered or pending. Then, if no objection is raised, the application will be published in the Hong Kong Intellectual Property Journal for three months so other parties can file an opposition.
A trademark may consist of words (including personal names), indications, shapes, colours, sounds or figurative elements. Generally, a distinctive mark that has acquired a distinctive character through extensive and continuous use on goods or services in the course of business can be accepted for registration. However, the trademark must be distinctive enough to distinguish itself from other marks on the same goods or services.
If a third party files for a trade mark that contains your trademark or a part of it, you can oppose the application within three months from its publication. You can also request an extension of time for opposition. However, the likelihood of success for an opposition will vary in each case.
The most commonly used opposition grounds are relative ground (similarity of marks and goods/services) and bad faith ground. These grounds have the highest chance of success if they are properly pleaded with cogent evidence.
Although Hong Kong shares a border with Mainland China, the special administrative region has its own laws and policies for intellectual property protection, which are based on the one-country, two-systems principle. Hong Kong’s intellectual property law allows for the protection of patents, copyrights, designs and trademarks. In addition, it is possible to register logos and other elements that identify a brand on the market. These registrations are administered by the Trade Mark Registry, which is under the jurisdiction of the Intellectual Property Department.
Generally speaking, trademarks in Hong Kong are registered on the basis of “first-to-use”. In other words, rights to a mark vest in the first business to use the mark in connection with the sale of goods/services.
After a hong kong trademark application is filed, it must be published in the Hong Kong Intellectual Property Journal within three months of filing. During this time, any third party can lodge an opposition to the trademark.
If no oppositions are filed and if the trademark is approved by the Registry, the registration certificate will be issued. Trademarks are valid for ten years and can be renewed by paying the required fees.
If the owner genuinely misses the renewal payment, there is an opportunity to request restoration. Provided the owner demonstrates that systems were in place to avoid this from happening, the Registry will consider restoring the trademark. Otherwise, the trademark registration will lapse.
There are different types of intellectual property protection available in Hong Kong, including patents, copyrights, and trademarks. Each provides its own unique set of benefits. For example, a patent protects inventions and gives the inventor exclusive rights for a period of time. A trademark, on the other hand, safeguards a company’s logo and name.
Trademark applications must be filed with the Trade Marks Registry, which evaluates them to make sure they are within compliance with the Trade Marks Ordinance and the Trade Marks Rules. The Registry also checks that the application does not conflict with existing registered marks. If the application is opposed, the registrar can amend it or appeal the decision through a court hearing.
Trademarks can include any word or combination of words, indications, designs, letters, characters, numerals, figurative elements, colors, sounds, smells, or the shape of goods or their packaging. They must be distinctive enough to distinguish the products and services of a specific business from those of others.
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