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In Hong Kong, trademark law is overseen by the Trademarks Ordinance and is managed by the Intellectual Property Department (IPD). It offers protection for brands and logos that businesses use in connection to their goods or services, helping them to distinguish their products from those of others. It specifically serves to recognize, register, and protect company identifiers in Shatin and across the broader region.
While the process of applying for a trademark can be carried out by individuals, several complexities may warrant the need for a lawyer. Legal help may become crucial when assessing the registerability of a trademark or if a thorough search must be conducted to ensure no similar trademarks exist. Situations involving trademark infringement, licensing, or disputes often call for legal expertise, and thus, hiring a lawyer improves the chances of efficient resolution.
Under the Trademarks Ordinance, trademarks must be unique and distinct. They cannot directly describe the goods or services nor be deceptive or against public policy. Additionally, rights to a trademark in Hong Kong are granted on a first-to-file basis. It's also important to know that Hong Kong follows a classification system that works as per the Nice Classification, and a separate application is required for each class of goods and services.
Typically, if no objections or oppositions are raised, it takes about six to eight months from the time of application to get a trademark registered.
Yes, in Hong Kong, a registered trademark is valid for ten years from the date of registration. It can be renewed indefinitely every ten years.
Names, logos, symbols, color combinations, 3D shapes or even sounds that distinguish goods or services from others can be trademarked, provided they do not go against the regulations stipulated under the Trademarks Ordinance.
If you have a registered trademark and someone else uses it without your consent, it's considered as infringement. In such cases, you can take legal action against them.
No, once a trademark has been registered, it cannot be modified. If you wish to change your trademark, you'll need to file a new application.
Useful resources include the IPD's official website for access to trademark application forms and the Trademarks Ordinance for an in-depth understanding of trademark laws. Other organizations like the Hong Kong Trade Development Council can provide valuable insights into the business and trademark landscape in Shatin and throughout Hong Kong.
If you need legal assistance, seek out a legal firm or practitioner in Shatin who specializes in intellectual property law. They can offer guidance on the process and costs linked with trademark registration, help address any potential infringement issues, and advise on the legal use of your trademark. It's recommended that you prepare a detailed overview of your brand identity elements to aid the legal assistance process.
