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Trademark law in Kowloon, Hong Kong, like in the rest of Hong Kong, is regulated under the Trade Marks Ordinance (Cap 559). A trademark is a sign that distinguishes the goods and services of one trader from those of others. Typically it can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of goods or their packaging or any combination of these. A registered trademark gives its owner the legal right to use, license, or sell it within Hong Kong.
Some common reasons you may need a lawyer include the process of trademark registration, where the legal expertise is valuable, to ensure that your trademark meets all local and international specifications. Furthermore, if someone infringes your trademark, or if you are accused of infringing someone else's trademark, a lawyer's aid will be crucial. Other reasons can be related to the sale or purchasing of trademarks or related disputes.
The Trade Marks Ordinance (Cap 559) is the primary trademark law in Hong Kong. Under these laws, a trademark is considered registered once the Trade Marks Registry of the Intellectual Property Department of Hong Kong approves the application, and the registration is valid for seven years. Once registered, the owner has exclusive rights to the trademark and can take legal action for its misuse. It is important to note that trademark registration in Hong Kong does not secure rights internationally.
Yes, if you want to ensure your exclusive right to use the trademark in Hong Kong.
The initial registration lasts for 7 years. However, the registration can be renewed indefinitely each time for an additional 14 years.
Any signs that can be visually represented which are capable of distinguishing the goods and services of one enterprise from those of other enterprises. These include words, logos, symbols, numbers, 3-D shapes, color combinations, or any combination of these.
If your trademark is infringed, you have the right to pursue legal action. Consult with a trademark lawyer to understand your options better.
Foreign trademarks are not directly protected in Hong Kong. To secure protection, a separate application must be made in Hong Kong.
The Intellectual Property Department of Hong Kong is the key government body managing trademarks. Additionally, The Hong Kong Trade Development Council (HKTDC) provides useful information on the local Intellectual Property laws. The World Intellectual Property Organization (WIPO) also offers online resources for more international-centered concerns.
If you need legal assistance for your trademark needs, start by consulting a specialist lawyer or a trademark agent. Prior to the meeting, compile all relevant information and any specific concerns you may have. Rely on professionals' expertise to help you navigate the complex responsibilities and rights accompanying trademark ownership in Kowloon, Hong Kong.
