How to apply for trademark registration of the trademark registration process?
Registration application review process can be divided into the following phases:
︰ check whether the application is inadequate;
︰ examine whether the application complies and regulations, "the Trade Marks Rules" and "Trade Marks Ordinance";
︰ accepted the application and announced details of the application; any person may oppose the application;
︰ relevant trademark registration and issue a certificate of registration.
The application if there is no deficiency and meet the registration requirements, and trademark registration in the three-month opposition period after publication of the application did not meet accepted third party opposition, the entire program (trademark registered by the receipt of an application to the relevant department trademark registration) is required to be as short as six months.
The first phase - Check application deficiencies
After you submit an application for registration, trademark registration office will verify the application information (including the applicants name / name, address, trade mark, goods and services) is complete and correct. If the application information is not detailed enough or incorrect Registry will issue a "notice of deficiency" to let you correct the deficiencies within two months.
If everything is in order, the application process will proceed to the next stage (examination of the application).
The second stage - examination of the application
Retrieval and review ︰
Finished checking the application deficiencies and determine all the information ready, the Trade Marks Registry will check the trademark records to determine the same or similar goods or services, whether there are other people have already registered or applied to register the same or similar trademark. If found you goodwill and reputation of the goods or services in Hong Kong due to the loss suffered by others counterfeiting, you may consider taking legal action.
· Involving criminal violations occurred in Hong Kong, you may consider to Hong Kong Customs Intellectual Property Investigation Bureau report. You Customs shall provide evidence that you have the trademark, and evidence the alleged infringement. For more details, please refer to the following URL: http: //www.customs.gov.hk/pdf/pdf_major/IPR_protection_c.pdf
︰ such violations occurred in the mainland, you can consider the administrative process required by law in accordance with the mainland or to take legal action. If a Hong Kong company to register your trademark name to hide their violations in the mainland, you can consider taking action under the Mainland laws to stop such violations.
︰ important point is that you should be on a variety of intellectual property rights and interests of trademark, copyright or registered design, etc., consult an intellectual property lawyer or agent of professional advice, to provide protection for your product or service.
As far as other commercial protection measures also seek professional advice, including your registered trademarks, trade names and company names registered as domain names in order to protect its use on the Internet. Hong Kong Domain Name Registration Company Limited (http://www.hkdnr.hk/hkdnr/index.jsp) is a non-profit company, responsible for the ".hk" domain names ending with registration issues.
Published application details and oppose registration (which is registered ongoing Phase 3)︰ published applicationTrade Marks Registry to accept your application, will be in Hong Kong Intellectual Property Journal (available at: http: //www.ipd.gov.hk/chi/ip_journal.htm) to make an announcement.︰ opposed to a third partyAnyone can read the application for trademark registration has been published in Hong Kong Intellectual Property Journal details, and has published an application for trademark registration opposition. Opposition shall be submitted in an application for registration published a notice of opposition within three months from the date of the count. As an applicant, you can register to submit a counter-statement on the opposition. Applicants for and against per capita have the opportunity to apply for registration within the specified time limits to submit evidence or oppose registration. After the Trade Marks Registry receives all the evidence, the two sides will arrange to attend the hearing, a decision by the hearing officer.Successful registration (Phase 4)Trade Marks Registry to accept an application for registration of the trade mark after, it will put the details of the mark recorded in the register and issue a certificate of registration to the applicant. In addition, the Trade Marks Registry will announce the registration of a notice in the Hong Kong Intellectual Property Journal. Registration date will be retroactive to the date of filing the application for registration.
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