4. What is the application process for registering a trademark?

4. What is the application process for registering a trademark?

In short, the application process is as follows:

1. Submission of application for trade mark registration by the applicant.
2. Deficiency checking: the Trade Marks Registry will carry out a thorough check of your application and if necessary, require the applicant to remedy any deficiencies within 2 months after the date of Registry’s notice.
3. Search & Examination: the Trade Marks Registry will check whether the subject mark is the same or similar to a registered and/or applied for trade mark and also whether it complies with the registration requirements under the Trade Marks Ordinance.
4. Objections & Hearing: If the requirements for registration are not met, the Trade Marks Registry will object and the applicant has 6 months to overcome the objections.  The applicant may apply for a 3-months extension or call for a hearing, thereupon the hearing officer will consider all the evidence and issue a decision thereafter.
5. Publications for Opposition at the HK IP Journal (3 months): Upon acceptance for registration, the subject mark will be published in the Hong Kong Intellectual Property Journal, where anyone can view and lodge opposition thereto.
6. Registration: Upon acceptance for registration, the details of the subject mark will be entered into the trade marks register and the applicant will be issued with a certificate of registration and a notice of the registration will be published in the Hong Kong Intellectual Property Journal. The applicant’s rights over the subject mark takes effect from the filing date of the application.