Register your trademark in Hong Kong and increase the value of your business

Register your trademark in Hong Kong and increase the value of your business Trademark registration protects your business from illegal use by competitors of your brand and increases the capitalization of the business up to 50% of its current value. Free consultation License from the Hong Kong Companies Registry TCPS №TC007080 Trademark registration in Hong Kong and Mainland China Inclusion of the trademark value in the company’s balance sheet when preparing the company’s financial statements The cost of trademark registration in Hong Kong Trademark verification in one class Payment of the state duty will additionally amount to 50 $ 100 $ Send request Trademark verification in each additional class Payment of the state duty will additionally amount to 25 $ 50 $ Send request Trademark registration in one class Payment of the state duty will additionally amount to 260 $ 690 $ Send request Trademark registration in each additional class Payment of the state duty will additionally amount to 130 $ 345 $ Send request Processing one application-protest in response to the refusal of registration The cost of processing one application-protest in response to the refusal of registration will be (including state duty) – free of charge (subject to trademark verification before registration). Free Send request Trademark A trademark is an important business asset. The registered trademark is proprietary. A trademark is a designation expressing the inner world of your business that helps your customers identify your products and services and from the products and services of competitors. The recognition of your trademark by your customers allows you to: create and accumulate a business reputation for your business due to the distinctive identity of your products and services. The leading companies in the world have a trademark value measured in tens of billions of dollars; increase the lifecycle of your company’s products/services, because your customers will want to buy the same product that they bought earlier and that they liked; to ensure a loyal customer base when launching new products or services to the market. Trademark protection Legal protection of the trademark will prevent unscrupulous competitors from using your trademark illegally and, thereby, gratuitously using the reputation that you have accumulated in the market thanks to your efforts. As the owner of a registered trademark, you have the exclusive right to use the trademark in relation to the goods and services for which it is registered. If other persons use your registered trademark in Hong Kong (or a name confusingly similar) in relation to the same or similar goods or services without your consent, you may file a claim of infringement against them. You can use the symbol ® to indicate that your trademark is registered. If your trademark is not registered, you cannot use the symbol ® , but you can use the symbol ™. Using the symbol ® with an unregistered trademark is a criminal offense. Send request Rights of trademark owners Your rights as the owner of a registered trademark include, but are not limited to the following: The right to obtain a court order to prevent violation of your rights; The right to receive monetary compensation from the violator who illegally used your trademark; The right to obtain a court order for the delivery or destruction of copyright infringing items or the removal of a copyright infringing mark; The right to grant another person a license to use your trademark in exchange for royalties and other payments; The right to sell your trademark; The right to donate your trademark in your will. Besides A registered trademark can stand on the balance sheet of your company and significantly increase the value of your business; A registered trademark increases goodwill and the overall capitalization of your business; A registered trademark increases the interest of investors in your business. 9 stages of trademark registration View 01 Trademark verification for uniqueness Verification of the trademark for uniqueness and for the possibility of its registration. It is important that the trademark you wish to register is not identical or confusingly similar to an already registered trademark in relation to identical or similar goods or services for which a registration application has been submitted. 02 Approval of a class of goods and/or services Determine the class of goods and/or services in relation to the use of which you want to protect your trademark. There are 45 classes of the International Classification of Goods and Services for the purposes of registration of marks established by the Nice Agreement (“Nice Classification”). 03 Submission of an application to the Intellectual Property Department Prepare and submit an application (Form T2) to the Hong Kong Trademark Registry in accordance with the requirements of the Trademark Ordinance (Chapter 559) and the Trademark Regulations (Chapter 559A). Upon submission of the application, a confirmation of its submission is issued and the registration number of the application is issued. 04 Payment of the state duty The state duty for checking one trademark in one class is 400 HKD. The state duty for checking in each subsequent class for the same product/service is 200 HKD. The state duty for the registration of one trademark in one class is 2000 HKD. The state duty for registration in each subsequent class in respect of the same product/service is 1,000 HKD. 05 Checking the application form and all applications Before proceeding to the consideration of the application, the Intellectual Property Department of the Government of the Hong Kong SAR conducts a thorough check of the application form and all applications. This is done in order to make sure that all the necessary parts of the form are filled out, whether they are filled out correctly and whether any necessary information is missing. If any necessary information is missing, it is necessary to eliminate the shortcomings within two months from the date of notification of the Registry. If everything is in order, the application will proceed to the next stage. 06 Search for trademark records After the verification of the shortcomings of the application is completed and everything is in order, the Department will search trademark records to see if the same or similar trademark has already been registered or if another owner has filed an application for the same or similar trademark, a class of goods and services. In addition, it will be checked whether the trademark meets the registration requirements set out in the Hong Kong Trademark Ordinance. 07 Challenging the objection (if any) If the registration requirements are not met, the Department will file an objection to registration. As an applicant, you have 6 months to fulfill the requirements. An extension for another 3 months is possible. The objection will indicate why the trademark does not meet the requirements for registration, and ways to overcome the objection, if any, may be suggested. However, even at the stage of preparation, it is important to analyze the potential reasons for objections and minimize this risk to zero at the very first stage of work. 08 Challenging the objection (if any) If the registration requirements are not met, the Department will file an objection to registration. As an applicant, you have 6 months to fulfil the requirements. An extension for another 3 months is possible. The objection will indicate why the trademark does not meet the requirements for registration, and ways to overcome the objection, if any, may be suggested. However, even at the stage of preparation, it is important to analyze the potential reasons for objections and minimize this risk to zero at the very first stage of work. 09 Publication in the Hong Kong Intellectual Property Journal As soon as your trademark registration application is accepted, it will be published in the Hong Kong Intellectual Property Journal. Third parties may object to the registration of your trademark, for example, because they own a similar trademark. If the registration of your trademark is objected to, the issue will be resolved at the hearing. Frequently asked questions How long does it take to register a trademark in Hong Kong? On average, registration takes from 6 to 8 months. For how long does trademark protection extend? The trademark will be protected for the next 10 (ten) years after its registration. How do I apply for trademark registration in Hong Kong? Stages of registration of the application: Examination of the application, which verifies compliance with the formal requirements: classification, clarity, informativeness, conflict and originality of the trademark; Publication – information about the application is published in the Hong Kong Intellectual Property Journal (the list of published information includes the mark itself, applicant’s name, address, application number, filing date, priority claim information, and trademark categories; Registration – if the application meets all requirements. It is not difficult to register a trademark, but in order for this procedure to take the shortest time with minimal costs, it is better to contact a professional. VitaLiberta’s specialists will provide all the necessary consultations and help you apply for trademark registration in Hong Kong. How to apply to register a trademark in the Hong Kong SAR? 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