The Trade Marks Registry will also check the registration requirements of the trade mark application satisfies the requirements "Trade Marks Ordinance" and "trademark rules" set out, including:
Whether the trade mark has distinctive character?
Whether the trademark with a difference? Whether logo, text or picture, whether a clear distinction between you and other merchants of goods and services? For example, in terms of banking services, "FOR YOU" (made for you) did not say who provided the services, so the lack of distinctive character. Any new daily record with the word and the word or unrelated business, can be considered to have distinctive character. Such as trademark registration of the trade mark office that the lack of distinctive character, will raise objections.
Trademarks Are description of goods and services?
As just described a trademark of goods and services, or display only the quality, use, quantity or value of goods and services, the Trade Marks Registry may raise objections. Similarly, the use of geographical names trademarks may also encounter opposition. For example "QUALITY HANDBAGS" (quality handbags), "FRESH AND NEW" (quality fresh new models) and "NEW YORK FASHION" (New York Fashion) and so on.
Trademarks whether the common language of the industry?
Trademarks are the industry as a common language or icon, the Trade Marks Registry will raise objections. "TELECOM" (Telecommunications), or "NETWORK" (network) are in the current language of the relevant industry has become an example of the usual words.
Trademark applications for trademark registration, after a review of the notice will be issued, indicating the reasons for refusal of registration related marks, or marks to determine the admission of the application for registration.
︰ refused registration
If the application does not comply with the registration requirements, the Trade Marks Registry will refuse registration of the mark. Applicants must be achieved within six months of the relevant provisions. This period may be extended for three months.
How to solve the problem ︰ refused registration
Trademark Registry will explain why in the notice relating to trademark application fails to meet the requirements for registration. Such as the Trade Marks Registry think we can amend the application or by other means to solve the problem for refusal of registration, will be in the notice to the applicant proposes solutions.
︰ refuses to register the problem persists
Even if the applicant has tried to resolve the issue of trademark registration in the refusal of registration set forth in the notice, the application may not have been in line with the registration requirements. Trade Marks Registry will issue a further notice, indicating that results of the review. If the applicant wants to continue to handle this application, you can issue at the Trade Marks Registry, within three months from the date of the notice, to achieve the registration requirement or request a hearing. Applicants can only in specified circumstances "trademark rules" (such as more time is needed to obtain the prior consent of the trademark owner) request to extend the time limit described above.
If the applicant requested a hearing, the support and reject all evidence relating to trademark registration, will be considered at the hearing. The hearing officer will then make a ruling. The important point is that you should be on a variety of trademarks, copyrights, or other intellectual property rights of the registered design, an intellectual property lawyer or agent to seek 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.
Online Search
It offers free online search service (at http://ipsearch.ipd.gov.hk) Intellectual Property Department. Through this service you can, consult a registered trademark or trademark applications, trademark registrant or applicant, and licensed the use of the trademark in Hong Kong person or company information.
E-filing service
To use e-filing system, the Intellectual Property Department filing of trademark form, you must first register as a user IPDs electronic services. All electronic service user must provide a service in Hong Kong and owned by Hong Kong address recognized certificates issued CAs. Information on electronic filing services, please visit the Intellectual Property Departments website (https://iponline.ipd.gov.hk).
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