When it comes to protecting your brand in Hong Kong, understanding trademark registration renewal is essential. In this guide, we’ll delve into trademark registration renewal fees, the process of renewal, and the crucial grace period associated with it in Hong Kong.
Trademark registration renewal fees in Hong Kong
Trademark registration in Hong Kong offers valuable protection for your brand, but it’s important to remember that this protection is not indefinite. Trademark registrations have a finite lifespan and require periodic renewal to maintain their legal validity.
At a cost of US$799 for trademark registration renewal fees in Hong Kong company formation, you can enjoy a range of professional benefits, which include:
- Service fees
- Conducting trademark searches and evaluations
- Receiving guidance on trademark registration
- Managing the application process for trademark registration
If you’re interested: Trademark Registration Services in Hong Kong
When registering a combined trademark, encompassing both word and figurative elements in Hong Kong, exclusive usage rights are confined to the precise configuration or manner in which it was registered. If you intend to use the word or figurative elements separately, it is advisable to seek registration for a separate trademark focusing solely on the elements you wish to protect independently.
Nevertheless, if a third party intends to register or use a trademark for similar goods or services, incorporating a primary or distinctive part of your trademark, you possess the right to oppose their application on the grounds of confusing similarity. The likelihood of success in an opposition will depend on the specific circumstances of each case.
In Hong Kong, opposition against an application can be filed within three months from the publication date, with the possibility of extending this period by an additional two months.
A trademark must be used within three years following its registration date; otherwise, it becomes susceptible to cancellation due to non-use. Usage, even if minimal, must be genuine.
Trademark registrations in Hong Kong have a validity period of ten years from the filing date. Renewal can be requested within the six months preceding the expiry date. After the expiry date, renewal is still possible within six months with the payment of late fees. Further renewal can be pursued for up to an additional six months, provided valid reasons are presented, subject to evaluation by the trademark office.
For trademark assessment reports, trademarks must be composed in the Latin alphabet and will consider only other trademarks in the Latin alphabet. If you intend to register a trademark in Pinyin or Hanzi characters (Chinese writing), the trademark study must encompass trademarks written in Pinyin or Hanzi characters. Additional fees may apply in such cases.
If you want the figurative or design components of your trademark to be considered during the evaluation for trademark registration in Hong Kong (Trademark Search Report), please contact us directly to check if we can provide this service in this jurisdiction. In such cases, service prices and estimated delivery times may vary.
Trademark Registration Renewal in Hong Kong: Why and How
Trademark registration renewal in Hong Kong should remain cognizant of the renewal timeline for their registered trademarks. The initial registration period spans a decade, commencing from the date of trademark registration. To ensure continuous protection of their intellectual property, trademark owners must initiate the renewal before the conclusion of this ten-year timeframe.
Why
In Hong Kong, you don’t have to mandatorily register trademark rights since the acknowledgment of prior trademark usage is possible. However, we consistently recommend registration because it provides a presumption of ownership and facilitates trademark enforcement.
The Hong Kong Intellectual Property Department (IPD) administers trademark registrations. It’s important to note that despite the People’s Republic of China’s sovereignty over Hong Kong, both regions maintain distinct registration systems. Consequently, a trademark registered in China does not hold validity in Hong Kong, nor does it confer trademark protection in Macau.
Although using a trademark before filing or registering is not obligatory, it can serve to establish that the trademark has acquired distinctiveness. This can be advantageous in the event of objections claiming a lack of distinctiveness.
How
After we’ve received your application, our examiner will follow the stages outlined in the diagram and described below. If the application has no deficiencies and no objections exist for the trademark, we can complete the entire application process in as little as 6 months from the date we receive your application
1. Application
One of our Hong Kong company formation staff members will assist you in completing the application form (Forms T2 or T2A) and submitting it to the Hong Kong Intellectual Property Department (IPD), obtaining an application number receipt in the process.
2. Deficiency Check
We’ll coordinate with the IPD to conduct a thorough check of your application, ensuring all necessary information is provided. Some amendments may be minor and won’t impact the filing date of your application, such as the class number for the applied-for goods.
3. Search & Examination by IPD
After completing the deficiency check and confirming that everything is in order, we will search the trademark records to verify if another party has already registered or applied for a similar or identical trademark within the same or a similar class of goods and services.
4. Publication of the Hong Kong Trademark
The Hong Kong Intellectual Property Journal will publish your trademark as soon as they approve its registration.
5. Third-Party Opposition to Your Trademark
Any interested party can review your trademark in the Hong Kong Intellectual Property Journal and file an opposition if they wish to. They must submit their opposition notice within a 3-month period starting from the publication date; otherwise, the process moves to the final step.
6. Trademark Registration in Hong Kong
Upon acceptance for registration, the Registrar of Trademarks will record your trademark details in the trademarks register, and you will receive a certificate of registration. The Hong Kong Intellectual Property Journal will also publish a notice of the registration, and the registration date will be retroactive to the filing date of your application. This means that, as the owner of a registered trademark, your rights will be effective from the date of application.
Considerations Before Filing an Application
– Whether the trademark sets the applicant’s goods or services apart from those of other traders.
– Whether the trademark highlights the distinctiveness of the goods and services.
– Whether the trademark is a generic term within the industry.
– Whether the trademark is identical or similar to other trademarks.
Trademark registration renewal grace period in Hong Kong
There is no officially specified grant fee for trademarks in Hong Kong. The grace period for trademark registration renewal in Hong Kong is valid for ten years from its filing date, and you can renew it indefinitely for an additional ten-year period by paying the renewal fee. Renewal of trademarks in Hong Kong is possible up to six months before the expiry date of the current validity period or within six months after it has expired.
In terms of usage requirements, a trademark registered in Hong Kong may face cancellation if it goes unused for three consecutive years from the date of registration.
Foreign applicants must designate a representative, typically a registered Hong Kong trademark attorney, to handle trademark prosecution procedures in Hong Kong.
Conclusion
In conclusion, trademark registration renewal in Hong Kong is a vital aspect of safeguarding your brand’s identity and intellectual property rights. By understanding the renewal process, fees, and grace period, you can ensure that your trademark remains legally protected in this dynamic and competitive market.
Don’t wait until the last minute to renew your trademark; act promptly to secure your brand’s future in Hong Kong.
