Famous Trademark

Like other trademarks, well-known trademarks may also be protected by registration, Hong Kong is no separate category of "well-known trademark registration."

Trademark is well-known in mainland China not the same as the trade mark is well known in Hong Kong. Hong Kong, "the Trade Marks Ordinance" set out in Schedule 2 to determine whether a trade mark is well-known when the relevant considerations in Hong Kong. Considerations include the relevant sectors of the public awareness or recognition of the degree of trademarks, the use of the trademark long duration and scope of the use of or geographical area.

Well-known trademark owner may restrain by injunction the use of other people in Hong Kong:

the same as (a) the same or similar trademarks or among the major portion, or similar;

(b) the same or similar goods or services;

(c) the use is likely to make the public confused.

Recommendation - What strategies should you take to protect your trademark in Hong Kong and mainland China?

You can consider the following strategies to protect your trademark:

︰ using a trademark with a difference and will not infringe the rights of others.

︰ trademark registration and protection system in the Mainland and Hong Kong is not the same, so you should separately register your trademark in two places. If only a trade mark registered in the mainland, the mark does not automatically protected in Hong Kong.
︰ while the trademark name in English (translation or transliteration) registered for use in Hong Kong, can increase the attractiveness of and expand the scope of trademark protection of trademarks.

︰ as soon as possible for your trademark registration to make sure you can use the trademark in the business, and take immediate action against any infringement.

︰ If you ready to sign a trademark license contract, allow other people to use your trademark, you should establish a comprehensive trademark licensing programs.

︰ frequently browse the Internet in Hong Kong Intellectual Property Journal, to see if there are other applications for registration may lead to your trademark public confusion trademark in Hong Kong, if any, may lodge an objection.

︰ if someone violated your trademark in Hong Kong, you may consider taking action under the "Trade Marks Ordinance."

︰ found your 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.

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).