At the national/regional level, trademark protection can be obtained through registration with the national/regional trademark office and paying the required fees. In Hong Kong, trademark protection could be obtained by filing an application for registration with the Intellectual Property Department in Hong Kong. At the international level, you can use WIPO’s Madrid System to obtain trademark protection in various jurisdictions. While Hong Kong is not member country of Madrid System. Therefore, trademark registrations with the State Administration for Industry and Commerce of the People’s Republic of China or trademarks registrations of other countries/regions will not offer protection in Hong Kong automatically. In order to be protected as registered trademark in Hong Kong, the proposed trademark should be registered according to the Trade Marks Ordinance (Chapter 559) and the Trade Marks Rules (Chapter 559A).
The owner of a registered trademark in Hong Kong has the exclusive right to use the trademark in relation to the registered goods/services. If anyone uses the mark in the course of trade or business in Hong Kong in relation to identical or similar goods/services without the registered owner’s consent, he may be liable for infringement of the registered trademark and the registered owner may take legal action against them.
Unregistered trademarks may be protected by the common law tort of passing off. The tort of passing off protects the goodwill of a trader from a misrepresentation. Passing Off is usually more difficult to take action than an action for infringement of a registered trademark as the unregistered trademark’s owner has to prove reputation and possible damage.
It’s highly recommended to register your trademark as soon as possible to ensure safe use and immediate action against infringement.
In case you require more information or require advice on the trademark protection in Hong Kong, please do not hesitate to contact us via email or call / whatsapp: enquiries@bycpa.com and +852 6114 9414
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