What are the Factors that Must be Considered before Applying for the Registration of Trademark ?
1.) Distinctiveness – Does the trade mark clearly distinguish your goods and services from those of other traders ? If not, it will likely be rejected for registration.
You can prove distinctiveness of your trade mark by providing evidence showing:
a. what the mark is
b. how it is used
c. that it is used by you, or by another person under licence from you
d. how long you have used it and under what circumstances
e. how it has become distinctive, in other words, that customers recognize the goods or services sold under the mark as your goods or services.
2.) Is the mark a description of your goods and services? E.g. “Hong Kong Fashion”, “Fresh Bread”. If yes, it will likely be rejected.
3.) Is the mark a well known term in your line of business? If yes, it will likely be rejected.
4.) Is the mark similar to or the same as a trade mark already registered or applied for registration by other trader ? If yes, it will likely be rejected.
What is "Colour Mark" ?
Colour mark consists of a single colour, or a combination of colours, and is registrable as a trade mark provided that it has the required capacity to distinguish according to Section 3(1) of the Trade Mark Ordinance (Cap. 559).
What is a "Collective Mark" ?
Collective marks indicate goods or services provided by members of a trade association. They are registered by trade associations with regulations that control the use of the mark by members of the association.
What is a "Defensive Trade Mark" ?
Defensive registration is available to protect marks that have become exceptionally well-known in Hong Kong.
What is a "Certification Mark" ?
Certification marks are registered by non-trading organizations certifying the quality of goods or services, e.g. the Hong Kong Tourism Board's 'Q Quality Tourism Services' mark.
For legal services and advice on trade mark registration, infringement and other intellectual property matters, please contact our Solicitor & Notary Public Ms. Natalia Cheung [E-mail: email@example.com / Tel: +852 6777 5767]