| Q1 |
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What
is a Trade Mark? |
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A
trade mark is a mark or logo or any sign which can distinguish
the goods and services of one trader from those of another.
In Hong Kong, a sign includes, for example, words,
personal names, letters, numerals, figurative elements or combination
of colours and combination of such
signs. A trade mark is used as a marketing tool so that customers
can recognize the product of a particular trader. To be registrable
a trade mark must be: * distinctive and not descriptive for
the goods/services for which registration is sought, and *
not deceptive, or contrary to law or morality, and * not identical
or similar to any earlier marks for the same or similar goods/services.
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| Q2 |
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Why
the Trade Mark need to register? |
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Trade
mark can be either registered or unregistered. The registered
trade mark can be protected by the Trade Mark Law whereas the
unregistered mark can be protected by common law action of passing-off.
The owner of trade mark requires high burden of proof such as
reputation, damages and loss so as to bring an action of passing-off.
It is difficult and more time-consuming and high costs in bringing
such action than infringement. |
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| Q3 |
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The
Regional Protection of Trade Mark |
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Trade
mark can be either registered or unregistered. The registered
trade mark can be protected by the Trade Mark Law whereas the
unregistered mark can be protected by common law action of passing-off.
The owner of trade mark requires high burden of proof such as
reputation, damages and loss so as to bring an action of passing-off.
It is difficult and more time-consuming and high costs in bringing
such action than infringement. |
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| Q4 |
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How
long the trade mark can be protected? |
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In
most countries, the trade mark requires to be renewed after
10 years from the date of application. In Hong Kong, it is 7 years with the consecutive
14 years. In new Trade Mark Ordinance, it will change to 10
years. Trade mark can be renewed without limit. Once you register,
the trade mark is belonged to the Proprietor maintaining by
renewal process. |
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| Q5 |
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How
the classification of the trade mark works? |
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In
Hong Kong, like other WTO members, the classification
is following the Nice Classification (under "Nice Agreement").
In Hong Kong, the New Trade Mark Ordinance came into force in
April 2003, the classification has been extended to 45 classes.
Details of the classification and information can be reached
at www.hktma.org.
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| Q6 |
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How
to Apply for a Trade Mark? |
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HKTMA.ORG
provides agency services in assisting different Small and Medium
Enterprises in protecting their trade mark and intellectual
property globally. Details of the procedure can be reached at
www.hktma.org. Quotations can be reached by sending to our strategic
partners IPIHK.ORG:
Telephone Inquiry: (852) 2558.9820 (3
lines)
Fax: (852) 2558.6907
Email: inquiry@hktma.org |
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