A trademark is a sign which is capable of distinguishing the goods or services of different undertakings. A trademark may consist of words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of goods or their packaging and any combination of such signs. A sign can be registered as a trademark only when it is capable of being represented graphically. When the trademark registered, the applicant has the right to exclusively use such trademark in respect of such G&S.
Differences between Trademark Protection and Company Registration
The registration of company names, business names and Trademark in Hong Kong is subject to different laws and rules and regulations. The registration of company names shall be handled by the Companies Registry, the registration of business names shall be handled by the Business Registration Office of Inland Revenue Department, and the registration of Trademark shall be handled by the Trade Marks Registry. The registration of business or company names does not represent the right of using such names as its trademark.
The Right of Priority of Trademark Registration
Where an applicant has applied to Paris Convention countries or WTO members for registration of the same trademark for the same merchandises or services within 6 months before the day on which it files an application, it may enjoy the right of priority of trademark registration. The applicant may also indicate different dates claiming to enjoy the priority in respect of different merchandises or services.
Matters to be Noted for Trademark
Any one who uses a well-known trademark, even if it is not applied for the same type of merchandises or services, may also be an infringement of the trademark.
Where the merchandises or services are marketed in the Mainland China, the enterprises shall also apply for trademark registration in the Mainland China to initiate any rights defending movements against any infringement of rights in the Mainland China under the PRC laws.
Any one who uses a mark identical with or similar to the registered trademark of the same or similar merchandises or services in Hong Kong without permission will be an infringement of the registered trademark