05 Questions When Filing Hong Kong Trademark Application

Questions when filing Hong Kong trademark

05 Questions When Filing Hong Kong Trademark Application

Questions when filing Hong Kong trademark

Questions when filing Hong Kong trademark

Our clients always raise 05 notable questions when filing Hong Kong trademark application: Descriptive part, removal of one part from trademark, use of expired trademark citing against new Hong Kong trademark, trademark according to Paris and deadline to respond to office action.

1. Is this acceptable for Hong Kong Trademark including descriptive part. For example, ALO Good Hotel does the applicant need to remove the word “Good Hotel” from the trademark before officially filing new trademark application in Hong Kong. Or the trademark applicant only needs to disclaim the word “Good Hotel”?

Answer: We confirm that a Hong Kong trademark containing descriptive elements are registrable as long as the trademark is distinctive in respect of the applied goods/services. No disclaimer will be required during examination of the Hong Kong trademark.

 2. Hong Kong trademark includes Word part & device part. By the stage of Hong Kong trademark substantive examination result, if one of the parts of the trademark is refused, could we remove such part from the Hong Kong trademark, then the remaining part of the Hong Kong trademark shall be protected?

 Answer: We confirm that under the current Hong Kong trademark laws, it is not possible to remove part of the mark during examination of the trademark application. The trademark applicant will need to file a new trademark application in Hong Kong.

3. Could one expired trademark in Hong Kong still be a cited one to a new Hong Kong trademark in a specific period of time counted from the expired date? For example, some countries still use the expired trademark as a cited one against new trademark within the 5 years from the expired date?

  Answer: In general, a prior trademark in Hong Kong should not block later trademark applications in Hong Kong after 1 year from the expiry date of such trademark.

4. For the Paris Convention trademark application, shall the applicant file the counterpart trademark in Hong Kong within 06 months? Is there any grace period of late filing trademark in Hong Kong?

 Answer: We confirm that a Hong Kong trademark application claiming priority must be filed within 6 months after the application date of the priority application.

5. What is the deadline for responding the refusal of Hong Kong trademark office. Please write down deadline to each type of refusal.

Answer: We confirm that 6 months are given to the trademark Applicant for replying to the first trademark examination report, and 3 months are given for replying to the second trademark examination report.

– You could see Fee of Trademark in Hong Kong here

– You could visit here to see Procedure of Hong Kong Trademark Registration.

– You could visit here to check the required documents for filing trademark in Hong Kong

Contact AAA IPRIGHT: Email: info@aaaipright.com

Or sending your inquiry by filling the form:






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