The benefits of trademark registration include:
- Exclusive right of use: Trademark registration ensures that you have exclusive right to use the same or similar goods and services to merchants in the Hong Kong SAR. This means that other merchants need your consent to use the same or similar trademarks on the same or similar products to avoid infringement.
- Legal protection: Once your trademark is successfully registered, you can take legal action against infringement and protect your trademark rights and interests in accordance with the law. If another merchant uses your trademark without authorization, you can file a lawsuit in court for legal protection and compensation.
Trademark registration process:
- Filing an application: You will need to file an application for trademark registration with the Trade Marks Registry. The application must include a reproduction of the trademark, a description of the text and relevant documents. You will also need to pay the associated registration fee.
- Examination of the application: The Trade Marks Registry will review your application to ensure that it complies with the relevant laws and requirements. They may check if the trademark is similar or confusingly with an existing registered trademark.
- Search and Examination: The Trade Marks Registry conducts a trademark search and examination to determine whether your trademark is eligible for registration. They will check that the trademark is sufficiently distinctive and distinctive.
- Opposition and Hearing: If a third party files an opposition to your trade mark registration, the Trade Marks Registry will conduct an opposition hearing to resolve the dispute. You may be required to provide evidence to support your trademark registration.
- Publication of the application for third parties to consider opposition: The Trade Marks Registry will publish your trade mark application to give others an opportunity to raise an opposition to the registration of the trade mark. This process usually takes three months.
- Registration: If there is no opposition or unsuccessful opposition, the Trade Marks Registry will officially register your trademark, granting you exclusive rights to the trademark. You will be issued with a trademark registration certificate certifying that your trademark has been successfully registered.
It is important to note that the trademark registration process can take a while and involves some legal procedures.
