As an international financial centre and with a free economic system, low tax rate and comprehensive infrastructure and supporting trade services, Hong Kong attracts investors from all around the world. While enhancing its international reputation, Hong Kong’s industries such as service, financial, textile, electronic, jewellery, logistic, gift and premium, and toys are well known around the world. Lots of investors have registered their trademarks in Hong Kong in order to protect their brands and enhance their competiveness.

The Right of Priority on Hong Kong Trademark Registration

An applicant may enjoy the right of priority on trademark registration in Hong Kong if he/she has filed an application for trademark registration for the same goods or service with a state party to Paris Convention or a WTO member state within six months before filing such application in Hong Kong.

Matters to be Considered before Filing an Application

• Whether the trademark distinguishes the applicant’s goods or services from other traders
• Whether the trademark shows the distinctiveness of the goods and services
• Whether the trademark is a generic term in that industry
• Whether the trademark is identical or similar to other trademarks

Required Information and Documents

• Corporation Applicant: Business Registration Certificate / Certificate of Incorporation
• Individual Applicant: Identity documents and address proof
• Application form
• Trademark image

Trademark Registration Flow

• Trademark Search
• Initial Application
• Substantive Examination
• Publication
• Issuance of Certificate

Preliminary Trademark Search

The Preliminary trademark search, while optional, to avoid legal complications in the future. The point of a trademark search is to ensure that the trademark is not already under application or registered by another entity in order to reduce the possibilities of the rejection or opposition raised.

Duration of Application

4-8 months

Validity Period

The registration is valid for 10 years.

Renewal

Renewal application for 10 years may be submitted 6 months before the expiry.

Note: Trademarks Registry does not accept P.O. box address or “care of” address. An applicant shall provide an address for service, telephone number, facsimile number and email address which can be provided by PFR for the officers of Trademarks Registry to contact him/her at any time.

With an enormous consumers’ market and as a production base, China attracts many investors coming from abroad to expand their businesses there. However, this severely competitive market brings both opportunities and challenges to the investors. By virtue of trademark application, enterprises may enjoy legal protection on their products and services in China with a trademark application, allowing their brands to secure sustainable footholds in China market.

The Right of Priority on China Trademark Registration

• An applicant may enjoy the right of priority when applying for registration in China, in accordance with any agreement entered into between China and another country or an international treaty under which both of them are parties, for a period of 6 months immediately from the date on which the initial trademark application was made.
• The owner of a trademark may enjoy the right of priority for a period of 6 months from the first day on which the merchandises on which the trademark is first put are exhibited at any international exhibition recognized by the Chinese Government.

Required Information and Documents

• Corporation Applicant: Business Registration Certificate / Certificate of Incorporation
• Individual Applicant: Identity documents and address proof
• Application form
• Trademark image
• Power of Attorney

Trademark Registration Flow

• Trademark Search
• Initial Application
• Substantive Examination
• Publication
• Issuance of Certificate

Preliminary Trademark Search

The Preliminary trademark search, while optional, is to avoid legal complications in the future. The point of a trademark search is to ensure that the trademark is not already under application or registered by another entity in order to reduce the possibilities of the rejection or opposition raised.

Duration of Application

12-18 months

Validity Period

The registration is valid for 10 years.

Renewal

Renewal application for 10 years may be submitted 6 months before the expiry.

Customs Protection on Intellectual Property Rights

China prohibits the import or export of any goods which infringes the intellectual property rights. A trademark owner is entitled to file a record with the General Administration of Customs of China in accordance with applicable provisions under Customs Law of People Republic of China. If the owner or the General Administration of Customs of China notices any alleged trademark infringement, the General Administration of Customs of China will detain the suspected infringing goods immediately and check against them with the owner for further legal protection.

Beholden to the global economic integration, products and services trading across borders is strikingly frequent, and, however, infringement of intellectual property rights (IPRs) often occurs. A comprehensive strategy and implementation plan for overseas trademark registration is of vital importance for an enterprise to expand into overseas markets. PFR is familiar with global trademark registration system and its application procedures, we can help the investors to register international trademark according to their business distribution. Through efficient and effective professional services and legal support, we are driven to provide comprehensive intellectual property protection to our clients.

Classification of Trademarks

Nice Classification is adopted for trademark registration in most countries and regions, specifying classes 1-34 for goods and classes 35-45 for services.

Principle of Protection

• Prior application: China, Taiwan, France, Germany and etc.
• Prior use: Hong Kong, Singapore, the United Kingdom, the United States and etc.
• Both prior application and prior use: Canada

Application Requirement

A corporation or an individual can also apply for registration.

Our Services Include:

• Single Country or Region Trademark Registration
• European Community Trademark Registration
• Madrid Trademark Registration
• UAE Trademark Registration
• OAPI Trademark Registration

Business opportunities are everywhere in this cyber world. However, brand protection is of an immense challenge to enterprises. In order to protect the right and interest of clients, trademark monitoring in view of increasingly fierce trademark infringement. We are going to provide clients trademark monitoring services covering over 170 countries and regions. Once we have located anyone registering the same or similar trademarks, we will take prompt response as well as further legal actions.

Our Services Include:

• Trademark Tracking Services

  Apart from trademark registration, we also provide Trademark Tracking Services. With the help of regularly checking whether the same or similar trademarks have been registered and being applied in the market, we can, therefore, provide comprehensive protection for the enterprises.

• Provision of Monitoring Report on Trademark

  Once trademark infringement is identified, we will issue professional evaluation report, illustrating solution and advice on the issue.

• Covering 45 Classes of the NICE Classification of Goods and Services

  We can track down 45 classes of the NICE Classification of Goods and Services, instantly and actively monitoring trademark registration in different areas.