| Q1. What is a
trademark? |
| A trade mark includes any brand, device, heading,
label, ticket, name, signature, word, letter, numeral,
symbol, logo, design, a combination of colours and even
a three dimensional shape, sound or scent used to distinguish
the goods or services ("service mark") of
one proprietor from another. |
|
| Q2. Why register
a trade-mark? |
| Registration is direct (prima facie) evidence of exclusive
ownership and helps ward off potential infringers. It
enables you to more easily protect your rights should
someone challenge them since the onus is on the challenger
to prove rights in any dispute. The process of registration,
with its thorough checks for conflicting trade-marks,
will ensure that you are claiming a unique mark, and
help you avoid infringement of other parties’
rights. A registered trade-mark is a prerequisite for
franchising a business. |
|
| Q3. What kind
of trademark can be registered? |
The trade mark can be registered if :
- it is a distinctive personal name or company name;
- it is a signature of a person (other than Chinese
name);
- it is a creative word;
- it contains indications, designs, letters, characters,
numerals, figurative elements, colors, sounds, smells,
the shape of goods or their packaging or any combination
of these;
- it is capable of being represented graphically .
|
|
| Q4.
If the trademark has registered in one country, can
it be protected in worldwide? |
Trademark laws are different among countries. In order
to have trademark protection in certain countries, you
should register the trademark under the trademark law
of those particular countries. For some union countries,
trademark can be applied through one application, for
example, the mark can be protected under 25 EU countries
through Community Trade Mark System.
|
|
| Q5. How long
does the process take? |
It depends on which country are you going to register.
For Hong Kong application, Trademark Registry will issue
an examination report to analyze whether the trademark
can be registered. After all the criteria raised by
the Registry have been met, the trademark application
will be published on the government journal for three
months. When there is no one opposes the trade mark
application within the three month period, the trade
mark application is then completed.
|
|
| Q6. What is NICE
Classification? |
Most countries use the International Classification
of Goods and Services as prescribed by the Nice Agreement
to classify trade mark registrations. For a quick reference,
you may refer CLASSIFICATION. Please note that this
list is not complete and it is there to guide you to
the class you need. The headings give general information
about the types of goods and services which belong to
each class. For registration of your trade mark, you
are required to state the exact class number and appropriate
specification according to the Nice Classification.
|
|
| Q7. What is convention
priority claim? |
If you have apply trademark in any country of Paris
Convention, you can file an application for registration
claiming priority at any time during the six-month priority
period. If you would like to file an application in
other Paris Convention countries within 6 months of
filing a local application, the filing date in that
country can be back-dated to the same date of filing
the local application.
|
|
| Q8. What is the
meaning of "™", "®" or
"REGISTERED"? |
“™” stands for “Trade Mark”.
It indicates that the public can recognize the specific
brand, goods and services through this trade mark. The
“™” symbol can be used either or not
the trade mark is registered. The symbol "®"
means that this trade mark is a registered trade mark.
It is illegal to use the symbol "®" if
you have not registered the trade mark in the local
Registry.
|
|
| Q9. What are
the differences between trademark and copyright? |
Copyright is the right given to the owner of an
original work. This right can subsist in literary
works such as books and computer software, musical
works such as musical compositions, dramatic works
such as plays, artistic works such as drawings, paintings
and sculptures, sound recordings, films, broadcasts,
cable programmes and the topographical arrangement
of published editions of literary.
Copyright is an automatic right. It arises when a
work is created. Unlike trademarks, it is not necessary
to register a copyright in Hong Kong, China in order
to get protection under the law.
|
|
| Q10. Can we register
domain name? |
Yes (but it should be registrable under the Trademark
Ordinance). For some well-known domain name, it is
suggested to register it in timely manner. Because
some persons anticipate the demand of famous domain
name, they have registered some domain names but in
fact they have no intention to run any business except
to trade the registered domain name.
|
|
Disclaimer: This site is intended for general
information purposes only. It does not support to be comprehensive
nor to provide legal advice, and should not be treated as
a substitute for professional legal advice on individual
cases.
|
