Hongkong Trademark

1.What is a Trademark?
A trademark is any word, phrase, symbol, design, or any combination thereof, used to distinguish the products or services of one person or organization from those of others. trademarks come to represent not only actual products and services, but the reputation of the producer. As such, they are considered valuable intellectual properties and a key component of the goodwill of a business. A registered trademark can be protected through legal proceedings from misuse and imitation.

2.Documents Requiried
. Letter of Instruction
.Name,address and Nationality(or country of incorporation) of the applicant(natural person or legal person)
.Sample of trademarks(Black & White) and the nature of business
.List of goods to be covered by trademark application and international class,if known
.Specify the colour if your mark is coloured.

3.registration procedure
1）Search and Research
Trademarks Office staff conduct a thorough search of the records to verify that your trademark cannot be mistaken for anyone else's. They also conduct research to determine whether his mark fulfills all the criteria of the Trademarks Act, in other words, that it does not fall into any of the categories discussed in the section, "Making sure your trademark can be registered." The results are considered by the Trademarks examiner assigned to your case.

2）Filing Application:
The principal document in the registration process is your application form. A separate application for each trademark to be registered, although one application may cover both wares and services or a number of wares or services, must be filed.

If you wish you may use the special chart in the Trademarks Regulations to indicate colours. Note, that including colour gives less flexibility as you must then always use the trademark in those specified colours. If you simply present the design in black and white, you will be free to use the mark in any colour. Likewise, presenting the word mark in any style of lettering other than plain capital letters restricts the use of the mark to that specific font or style. To maintain flexibility, present the word mark in plain capital letters and the design in black and white.

If your application is based on the current use of a design then 25 specimens of the mark as used should be submitted at the time of filing. The specimens can be labels, containers (flattened) or displays, showing the mark as it is actually being used.

To sum up, a complete application includes:
- the appropriate application form filled out by you or your agent.
- your written authorization, if someone other than you or your agent has signed the application;
- the application fee; and
- any required formal drawings and/or specimens;

3）Examination
A critical element in the evaluation of your application is the comments of the examiner. The examiner studies the data and decides whether your application can be accepted. If there are questions, the examiner will notify the applicant in writing of the objections. You will be given an opportunity to respond. If your answers still fail to satisfy the examiner, you will receive a letter informing you that this application has been refused and the reasons why. In the event of refusal, you have the right to appeal to the Authority relevant. We can not stress strongly enough the need to have examiners questions responded to by a knowledgeable agent. If you are questioned then consult with a trademark agent.

4）Publication for opposition
If the examination raises no objections to registration, or if the applicant overcomes all objections, A publication will be showed in the HongKong Intellectual Property Journal. If no notice of opposition is filed within 3 months, the application will proceed to registration.

5）Certificate of Registration:
If there is no opposition, or if an opposition has been overcomed in your favour, the application proceed to registration and the HongKong Intellectual Property Department will issue a certificate of registration to you.

***The approximate time for obtaining the certificate, without Official objection or Opposition, is about 6-8 months.