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About Our Trademark Service

  • We pursue to provide clients the best service. Since 1998, our team has completed more than 4,000 cases successfully, including trademark registration, objection to trademark application, cancellation of trademark application, etc.
  • Our processional and experienced legal staff are led by the senior partner, Mr. Benny Kong, in providing accurate and efficient service to our clients. Our daily tasks include: -
  • Trademark search
  • Legal advice prior to application for trademark registration
  • Application for trademark application
  • Read, provide advice for and draft written response to examiners' reports
  • Deal with objections against trademark application
  • Renewal for registered trademarks
  • In order to effectively manage clients' intellectual property, our Cease and Desist work Department and Litigation Department closely to provide quality service to clients, including investigating infringers' activities, analyse trademark infringement, issue cease and desist letters and sue the infringers, etc.

    Trademark Registration and Protection

  • Trademark
  • Trademark is any sign in the form of writing and drawing which can distinguish the goods and services of one company from those of other companies. Registered trademark refers to a trademark approved by the trademark registry. Trademark registration is conducted according to the international good and service classification system: Nice Classification, beginning with a filled-in form submitted to the trademark registry. Of course, applications can also seek assistance from experienced lawyers.
  • Territorial Protection
  • Once a trademark is registered, the applicant then owns the exclusive right of that trademark, protected by the law. Any company or individual, without the approval of the applicant, using the registered trademark would be infringing another's intellectual property. The owner can initiate legal proceedings to stop the infringing activities and even seek damages for financial loss.
  • Trademark right is strictly territorial, which means that registered trademarks are legally protected in the country or city where If your trademark is registered with national trademark registry outside Hong Kong, then in Hong Kong, your trademark is not protected. In order to secure your trademark, you must register pursuant to the Trade Marks Ordinance (Cap. 559).
  • Application for Trademark Application
  • Trademark registration can be divided into 4 stages::
  • 1Preliminary examination2Substantive examination3Publication4Issuance of trademark registration certificate

    Stage 1: Preliminary Examination

  • After the trademark owner submits his application, the trademark registry will first verify the application information, including the applicant/s name and address, the trademark in picture, the relevant goods/services, etc. If the information is incomplete or inaccurate, the trademark registry will issue "Notice of Insufficient Information" to the applicant. The applicants need to clarify and correct the inaccurate information within 2 months upon the issuance of the "Notice of Insufficient Information".
  • With complete information, the trademark registry will carry out a preliminary examination: scrutinising similar trademarks in the past to see whether someone else has already registered or applied for registration for the same or similar trademarks in the same good/service classes.
  • If the substantive examination is passed, the application will proceed to the next stage.

    Stage 2: Substantive Examination

  • After the completing of stage 1, the trademark registry will check if the trademark is consistent with the Trade Marks Ordinance and the Trade Marks Rules. The examination of this stage is to see whether your trademark is distinguishable, i.e. from other trademarks the distinctiveness of your trademark.
  • If the trademark is descriptive of the good/service itself, or only shows the quality, use, quantity and value of the good/service, such as the word "quality" in "quality service", then the trademark registry will raise its objection. Likewise, using the name of a place as a trademark will be refused by the registry because the name of a place is a phrase commonly used in society, and therefore, lacks distinctiveness. Besides, using common names, geometry and model reference as trademarks will not be allowed either.
  • If the examination is not passed, the trademark registry will issue a notice to explain why the relevant trademark application is inconsistent with the registration requirements. Applicants can amend and correct it within the subsequent 3 months. If the applicant cannot satisfy the requirement despite amendments, the registry will issue another notice to illustrate the examination result. The applicant can request a hearing within 3 months upon the issuance of the notice.

    Stage 3: Publication

  • After trademark registration is allowed, it will be published in the Gazette of the Intellectual Property Department of Hong Kong for 3 months. During the publication period, everyone can raise objection to the trademark. The applicant can also respond to the objection. Both the objector and the applicant will have the chance to submit evidence to support their claim. Trademark registry will invite both sides to attend a heating, in which the hearing officer will make a decision.
  • If, within the publication period, there is no objection, then the trademark will be successfully registered.
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    Serving clients with heart and professionalism.

    For enquiry about registration, please consult our experts. It is our pleasure to answer your question. Please fill in the form below or you may dial 3105 5120

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    Company information; address

    Benny Kong Intellectual Property Limited

    Unit 19B, Overseas Trust Bank Building, No. 160 Gloucester Road, Hong Kong
    (852) 3105 5120
    tm@bkip.com.hk

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