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HONG KONG TRADEMARK LAW
In Hong Kong, the 2000 Trade Marks Ordinance Cap. 559 (introduced
on April 4, 2003 and replacing the Trade Mark Ordinance Cap
43) governs the Hong Kong Special Administrative Region's trade
mark system (which is separate from that of the rest of the
People's Republic of China pursuant to the "one country-two
systems" policy). Hong Kong's current (and recently superseded)
trade mark law is very similar to that of the United Kingdom.
The procedure to register a mark is relatively straightforward.
An application is filed with the Hong Kong Intellectual Property
Department's Trade Mark Registry, and it is assessed by an
examiner for deficiencies. The examiner may issue a report
on the application - most deficiencies are based on an assessment
that the mark is "devoid of distinctiveness", or
are identical or very similar to a third party's trade mark.
The two grounds of objection are, first, absolute grounds
(the mark is inherently not registerable) and, second, relative
grounds (the mark resembles or is identical to another pre-existing
registration). Once the applicant has an opportunity to be
heard on the report, the application will either be rejected,
or accepted for advertisement. Any party who wishes to oppose
the registration of the mark can file a notice of opposition,
which culminates in administrative proceedings. Otherwise,
the Trade Mark Registry will issue a certificate to the applicant,
certifying registration. A straightforward application (excluding
pre-filing search) will cost HK$4300 (the fee recommended
by the Hong Kong Law Society).
Under the new law, a mark which has not been in use for 3
years can be removed by an application from a third party.
The old trade mark law provided for a division in the Register,
between "Part A" marks and "Part B" marks.
Part B marks were marks considered by the Registrar to be
less distinctive by their nature but still qualifying for
registration: Part A marks were entitled to a greater level
of protection than Part B marks. Under the new law, this distinction
has been abolished.
Other developments include the introduction of certification
marks, collective marks, well-known marks, sound trademarks,
and smell trademarks. In addition, removal of a trade mark
for non-use has been reduced from a period of 5 years to 3
years.
Also see:
Hong Kong trademark registration requirements, procedures and costs
Hong Kong intellectual property rights protection |
