Hong Kong Trademark Opposition Procedures
Jul 2018 |
How a HK trademark opposition is commenced |
Oppositions should be filed within 3 months beginning from the date of publication of the trade mark application in the Hong Kong Trademark Official Journal (if an application is published on 1 March, the deadline to oppose will fall on 31 May). The deadline is extendable once only for a period of 2 months subject to the discretion of the authority |
Typical steps in HK trademark opposition
- A Notice of Opposition with the Opposition Grounds of opposition must be filed within three months of the publication
- After the opposition is admitted, the Applicant will file CounterStatement
within 3 months after receipt of the Notice of Opposition with the Opposition Grounds. Otherwise, the
application is deemed to be abandoned by the Applicant.
- If the Applicant has filed Counter-Statement, the Opponent will file Declaration for Evidence within 6 months from receipt of the Counter-Statement from the Applicant
- If the Opponent has filed Declaration for Evidence, the Applicant will file Declaration for Evidence in reply within 6 months from receipt of the Declaration for Evidence from the Opponent.
- If the Applicant has filed Declaration for Evidence in reply, the Opponent may file further Declaration for Evidence in reply within 6 months from receipt of the Declaration for Evidence in
reply from the Applicant
- After the evidence session is completed, the Opposition proceedings will be set down for a formal hearing. A hearing date will be fixed according to the Trade Marks Registry’s schedule
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The following is a brief diagram illustrating the typical steps in HK trademark opposition for further reference. |
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