1. Why register your trade mark?

　　Registration of a trade mark gives the owner the exclusive right to use the trade mark for the goods and/or services for which it has been registered in that country/region. There will be an infringement if any third party uses an identical or similar trade mark for the goods/services which are identical or similar to those for which your trade mark is registered without your permission. You can take legal action to stop further infringement.

　　2. Is my trade mark protected worldwide after registered in Hong Kong?

　　No. Trade Mark registration system is on regional basis. Registration in Hong Kong does not necessarily mean that the same protection will be extended automatically to other countries. You have to register your trade mark in relevant jurisdictions where you wish to seek protection.

　　3. How long does the application process take?

　　A Hong Kong trade mark application which encounters no significant difficulties can be completed in around six months. For most countries, it takes at least 12-18 months.

　　4. Using ™ and ® symbols

　　The letters ™ is a short form of the words “Trade Mark”. It indicates that a name (or a figure or a combination of word and figure) is being used as a trade mark and for the purposes to distinguish the goods or service of one manufacturer or supplier from those of others. It can be used whether the trade mark is registered or not.

　　The symbol ® can only be used when a trade mark is registered. It is an offence to use this symbol if the trade mark is not registered. You may be liable on conviction to a fine.

　　5. Classification

　　Upon filing a trade mark application for registration, goods and services should be properly classified according to the “Nice Classification”. In the current edition of the “Nice Classification”, there are 45 classes of goods and services. Goods are under classifications 1 to 34 while services are under classifications 35 to 45. For details, please browse the WIPO’s web site at http://www.wipo.int/classifications/nivilo/nice/index.htm# (English version only)

　　6. What is trade mark search?

　　It is important to conduct trademark search before submitting a trade mark application to assess that any identical or similar trade mark has already applied or registered. All applicants are advised to carry out a comprehensive search in order to avoid possible trade mark infringement and objection.

　　7. Once registered, how long is a trade mark valid?

　　In most countries, including Hong Kong, a trade mark registration will be valid for 10 years from the date of application. Before the expiration, trade mark owners can renew their registration for a further 10-year period.

　　8. Can I change my logo or trademark after registration?

　　No. If an owner would like to make a minimal change to his trade mark, he will need to file a new trademark registration.

　　9. What is “Revocation of registration for non-use”?

　　A trade mark registration can be cancelled by any third party if it is proved that the trade mark has not been genuinely used by the owner, or with his consent, in relation to the specified goods/services for a continuous period of at least three years.

　　10. I have registered my company name as a domain name, do I need to register it as a trade mark as well?

　　Yes. Domain name registration, company registration and trade mark registration are separate systems. Carrying out a domain name registration to get your company name on the World Wide Web is not enough to prevent anyone from registering it as a trademark and cannot enjoy the same protection as a registered trade mark.

　　11. What is a trademark?

　　A trademark is a sign used to identify the goods and services of different merchants. A trademark may be composed of words (including personal names), signs, design patterns, letters, characters, numbers, graphic elements, etc., as well as any combination of the above signs. Any mark that can be expressed by writing or drawing can be registered as a trademark.

　　12. Can "voice" be registered as a trademark in Hong Kong?

　　Any sign consisting of sound which can identify the goods or services of one enterprise from those of other enterprises and can be expressed by writing or drawing can be registered as a trademark. For example, Sony Ericsson's mobile phone boot music.

　　13. Can the packing box (bag) be a registered trademark?

　　Yes. For example, moon cake box, packing paper of goods, etc.

　　14. What are the procedures for registering a trademark?

　　To apply for a trademark in any country, it generally needs to go through the following five stages: (1) search; (2) application; (3) form examination; (4) substantive examination; (5) announcement; (6) formal registration.

　　15. What is trademark search?

　　Through the trademark search, the applicant can know in advance whether an identical or similar trademark has been registered in the registry of the country or region, so as to measure the chance of successful application for registration of the trademark.

　　16. If there are no other identical or similar trademarks in the search, does it mean that the trademark will be registered successfully?

　　Because there are many factors that determine whether a trademark can be registered or not, it is usually not possible to determine in advance whether a trademark can be successfully registered by simply consulting the trademark register. However, a comprehensive search can provide a certain degree of prediction, which can help applicants to measure their opportunities first and avoid wasting unnecessary time and expenses.

　　17. How to classify goods / services?

　　Trademark registration is classified. When applying for registration, the client must also submit a list of all goods and services to be registered. We can recommend the classification of goods / services for the areas in which your trademark is used.

　　18. How to know the category of goods / services?

　　According to the nice International Classification (10th Edition), most countries in the world divide goods and services into 45 categories for the purpose of trademark registration. The applicant needs to find out the appropriate category according to the nature of the goods or services it provides to apply for trademark registration.

　　19. What is color claim?

　　Color claim means that the applicant clearly indicates what rights he claims when applying for registration mark. Under certain circumstances, color claim can help the obligee to point out that a certain mark is similar, and the obligee's mark is violated.

　　20. Can all signs be registered as trademarks?

　　No, some signs are not registrable. For example: the same / similar to the national flag, the name of a country, the same / similar name with the name of an international organization, a common name, etc.

　　21. When can an application for registration be filed in accordance with the priority of the convention?

　　According to the Paris Convention, applicants can apply for registration in other countries / regions within six months from the date of the first application, which is priority. However, we still suggest that the application for registration should be made as early as possible and claim priority at the same time.

　　22. If priority is claimed, is it necessary to submit priority documents to the convention?

　　Applications in Hong Kong do not need to be filed unless the Trademark Registry so requests. Generally speaking, when there is a prior application that may conflict with the trademark application, the Trademark Registry will request the priority document of the Convention.

　　23. Why do I have to make a trademark announcement after accepting the application?

　　The purpose of announcing a trademark that has been accepted is to give other people in the community or a third party the opportunity to object to the application for registration of the trademark.

　　24. When can the trademark be officially registered?

　　If the trademark application is not objected by a third party during the period of announcement (three months), the registry will issue an official trademark registration certificate to the applicant.

　　25. After the application is submitted, can I take the initiative to add or delete the specified goods / services?

　　After the application is submitted, the applicant may not ask for an increase in the scope of designated goods / services, but may make deletion without expanding the scope of goods / services.

　　26. When should I apply for renewal of trademark registration?

　　The trademark owner shall apply for renewal within six months on or before the expiration of the trademark registration.

　　27. Will there be a new registration number after the renewal of trademark registration?

　　No, the original registration number will be kept.

　　28. If a trademark is successfully registered in one place, it will be protected all over the world?

　　All trademark registrations are regional. If a trademark is successfully registered in one place, it can only be protected by law in that region.

　　29. How long does it take to apply for a registered trademark?

　　The time required to apply for a trademark varies from region to country. It generally depends on the number of applications in that region or country at that time and whether the application process is smooth. Applications in Hong Kong generally take 9-12 months.

　　30. Can I use it in the registered trademark?

　　If you have registered a trademark for your goods or services, you can use it. However, if you have not registered a trade mark, you are guilty of an offence and liable on conviction to a fine.

　　31. Can trademark and trademark rights be transferred?

　　sure. The owner of a trademark may, according to his own will, transfer his ownership of the registered trademark right, including the rights of possession, disposal and income of the trademark, to others by signing a transfer contract / letter of assignment.

　　32. What is the European Community trade mark registration (CTM)?

　　EU trademark applicants can submit only one application to the EU for trademark registration. Once successfully registered, their trademarks can be protected by trademark laws in the 27 European countries as member states.

　　33. Which countries are included in the 27 member states covered by EC trademarks?

　　Up to now, EU member states include Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, UK, Czechoslovakia, Estonia, Cyprus, Latvian, Lithuania, Hungary, Maltese, Poland, Slovenia, Slovakia and Roma Asia and Bulgaria. (Croatia will join the EU on July 1, 2013 and become a member state)

　　34. What are the advantages and disadvantages of EC trademark registration?

　　Advantages: the cost of trademark registration is relatively low, but if the application is approved, the exclusive right to use the trademark is valid in 27 countries.

　　Disadvantages: due to 27 countries, the probability of trademark being challenged by the prior trademark holder during the period of announcement is relatively increased.

　　35. Can EC trademark owners split up a multi class register of trademarks?

　　may not. However, the owner can achieve the same result by partially transferring his trademark (e.g. one of the categories).

　　36. What is the difference between the trademark and the packaging and decoration of goods?

　　The function of trademark is to distinguish different producers or operators of goods, and decoration is to beautify goods. The registered trademark can not be changed, and the decoration can change the design style at will.

　　37. I have obtained the business registration. Do I have the exclusive right to use the trademark of my business registration name?

　　no The functions of business registration and trademark registration in Hong Kong are different. They are regulated by different laws and managed by different government departments. If you want to get the protection of registered trademarks, you should apply to the Trademark Registry for trademark registration.

　　38. My limited company name has been registered in the Companies Registry. Will the name be automatically protected by the registered trademark?

　　can't. In Hong Kong, limited company registration and trademark registration have different roles. They are regulated by different laws and managed by different government departments. If you want to get the protection of registered trademarks, you should apply to the Trademark Registry for trademark registration.

　　39. Who can apply to register the trademark of the United States?

　　Both individuals and corporations (such as a limited company) can apply for trademark registration in the United States. However, the filing of a U.S. application must be made by a qualified U.S. trademark agent / agency.

　　40. How long does it take to apply for a US trademark?

　　If the application is successful, it will take 15 to 18 months. After successful registration, the valid period is 10 years from the date of registration, and renewal registration is required after expiration.