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Trademark registration
Nov 2018
Do I need a trademark search before filing?
Before starting their own business, the applicant who manufacture or sell goods must ensure that the same or similar trademarks as their mutual or brand are registered or filed with the Patent Office.
As KIPO grants trademark rights to the Applicant who filed fist with same or similar trademarks, not to those who used them first, the same or similar trademarks will not be able to obtain their own trademarks if the marks are already registered with the Patent Office or pending application.
In addition, if you use such similar brand without registration, it is likely to be recognized as a trademark infringement. Therefore, before using the mark, it is necessary to search for trademarks to ensure that use of the mark do not infringe other people's trademarks. Also, if you can not register your trademark and your brand can not be used exclusively, you may consider changing your own brand in some cases.
It is recommended that shopping mall operators make sure that the trademarks of the products they handle are registered with the Patent Office. Especially for major items, make sure that the brand is registered. Given the fact that major items that generate significant sales have not been trademarked, so-called trademark brokers may seek to gain financial advantage by registering the same trademark and claiming trademark infringement on the item.
Therefore, at least, the shopping mall operator should check whether the trademark is registered for the main items handled by him, and if the trademark is not registered, ask the manufacturer to register the trademark.

Company information

BKIP Limited

Unit 2202, 22/F, Causeway Bay Plaza I, 489 Hennessy Road, Causeway Bay, Hong Kong
(852) 3157 0065
tm@bkip.com.hk