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Trademark law in Sheung Wan, Hong Kong, manages the use and protection of trademarks - symbols, logos, words or phrases that identify and distinguish goods or services. Governed by the Trade Marks Ordinance (Cap. 559), the law defines not just what constitutes a trademark but also the processes for registration and enforcement. Being a vital business area, it aims predominantly at preventing trademark infringement or dishonest business practices.
You may need a lawyer for several situations in regards to Trademark. This includes when you're starting a new business or product line and choosing a name or logo, which has to be researched for potential conflicts with existing trademarks. If you're dealing with an accusation of trademark infringement, legal assistance is crucial for defending your case. Lastly, if you've discovered that another company is illegally using your trademark, you would need a lawyer to help enforce your trademark rights.
The most important piece of legislation relevant to Trademark in Sheung Wan, Hong Kong is the Trade Marks Ordinance (Cap. 559). It emphasizes that registration is not mandatory to acquire protection – trademarks can also be protected under the common-law tort of passing off or under the misleading or deceptive conduct. It also explains the circumstances under which an entity can seek injunctions, awards of damages or accounts of profit and order for erasure, among other remedies.
Once registered, trademark protection in Hong Kong lasts for ten years, and can be subsequently renewed indefinitely every ten years.
Yes, Hong Kong's trademark law does not discriminate between local and foreign trademarks. However, the foreign applicant must appoint a local agent.
If your trademark application is rejected, there is an opportunity to request a hearing or review where you can present arguments against the decision.
It typically takes about six to eight months to finish trademark registration in Hong Kong, assuming no objections or oppositions.
In Hong Kong, an unregistered trademark can be enforced using the common-law tort of passing off, provided the mark is identified with a particular product or service and has acquired a reputation.
One key resource, especially for foreign businesses, is the Trade Marks Registry, which is responsible for the registration and protection of trademarks in Hong Kong under the Trade Marks Ordinance. Other useful resources include governmental bodies like Intellectual Property Department (IPD) or the Hong Kong Trade Development Council (HKTDC).
If you think you need legal assistance, consider reaching out to a local legal firm that specializes in intellectual property law. Usually the process starts with a consultation, where the lawyer will listen to your situation and provide advice on how to proceed. Based on your business nature and needs, they will develop a strategy aiming to protect your trademark rights effectively and efficiently.
