Trade Mark: A trade mark is a sign which can be represented graphically and is capable of distinguishing the goods or services of one undertaking from those of other undertakings. It may consist of words, letters, numbers, colours, the shape of goods or their packaging etc. and any combination of such signs.
Domain Name: A domain name is a website address on the Internet which gives the domain name owner an online identity. Domain name must be contextual in form (e.g. www.xxx.hk).
Trade Mark: A trade mark may not be registrable if it is identical/ the same as or similar to a previously registered trade mark.
In assessing the registrability of the trade mark, similarity of the applied for goods or services and the goods or services of the previously registered trade mark would be considered to ascertain whether consumers would be confused about the trade origin of the applied-for goods or services.
Domain Name: It is registrable if it is not the same as a previously registered domain name.
Trade Mark: Trade Mark which is descriptive and non-distinctive may not be registrable. For example, mark which consists exclusively of a sign which describes the characteristics of the applied-for goods or services could be considered as descriptive and non-distinctive.
Domain Name: It may describe the characteristics of the applied-for goods or services, e.g. “yummycake.com” for cupcake shop.
For legal advice or services on IP trading or IP infringement, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public. [Tel: +852 2856 3799 Email: firstname.lastname@example.org]
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