Procedure of Trademark Renewal in Hongkong
In Hong Kong, a registered trademark is initially registered for 10 years. The trademark will be protected from the filing date of an application for registration, not from the priority date. The renewal application can be filed within the 6 months before expiry. The registration of the trademark can be renewed for further periods of 10 years each. The new validity period of the registered trademark is from the current expiry date. Therefore, a trademark registration can last indefinitely if it continues to be renewed.
For example:
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Date of priority: |
12 April 2021 |
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Date of registration: |
17 August 2021 |
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Expiry date: |
16 August 2031 |
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If renewed for another 10 years, the next expiry date: |
16 August 2041 |
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(assuming all the above dates are business days) |
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However, a registered trademark may be challenged in revocation proceedings if it is not used in Hong Kong for a continuous period of 3 years.
Before expiry, the Registrar sends the owner a reminder of renewal. The Registrar publishes a list of registrations that have not been renewed after they have expired. Then, the Registrar publishes a notice of the removal, and where the Registrar restores a registration after removing a trademark from the register for failure to renew. A notice of the restoration is also published in the Hong Kong Intellectual Property Journal.
The whole renewal process takes within 3 weeks. The renewal request can be filed anytime within the 6 months before the expiry date. Filing and payment receipts is available immediately at the time of filing. Within 3 weeks, the renewal will be published and the official online records will be updated with no new certificate.
In case of late renewal within 6 months after the expiry date, the owner will be charged an additional fee. There is no automatic right to renew after the 6-month period has expired. The Registry’s decision on whether or not to restore a lapsed registration is final.
No power of attorney is needed from the owner. The old trademark certificate is also not needed because it is available online at the Registry’s search website.
