Beijing Wuyi International Intellectual Property Answers: Hong Kong trademark registration in Hong Kong directly refers to British trademark law, with only differences in litigation procedures, legal sanctions, court management, etc. To this end, the Hong Kong Governor's Government enacted the Counterfeiting Trademarks Ordinance in 1890, which mainly stipulates trademark infringement and legal sanctions. This law was revised several times in 1938 and 1950. In accordance with the provisions of Article 14 of the Counterfeiting Trademark Regulations, the "Rules for the Seizure of Counterfeit Trademarks" were also formulated in 1890, which are mainly rules for dealing with infringements of trademark rights by goods.

The main features of Hong Kong’s trademark law are: (1) Two protection systems. In Hong Kong, registered trademarks are called statutory trademarks and are protected by the Trademark Law; unregistered trademarks are called unwritten trademarks and are protected by the Law of Innuendo. If a trademark owner fails to fully and effectively register his trademark, he is not allowed to file a lawsuit for trademark infringement and has no right to request an end to the infringement or compensation for losses; however, he can file an insinuation lawsuit against others for counterfeiting goods, and Hong Kong trademark registration inquiries are for maintenance. The reputation of its illegally registered trademark.

(2) Two registered trademarks. The Hong Kong Trademark Register is divided into Part A and Part B. According to British practice, the division in which a trademark is approved for registration is determined by the distinctiveness and degree of identification of the trademark itself. The scope of exclusive rights of Part A’s registered trademarks is greater than that of Part B’s registered trademarks. Except for the trademark owner, any person who uses a mark that is similar to the registered trademark in Part A, so as to deceive or confuse the goods designated by the trademark in the course of trade, constitutes infringement; and the protection of the registered trademark in Part B is , which is between the protection obtained by Part A registration and the protection granted by the passing off law.

(3) The transfer of a registered trademark must generally be transferred together with the goodwill, and must be applied for jointly by the trademark owner and the transferee. It will only be valid after approval by the Registrar. If the parties fail to agree to file the application, the transferee may submit an application to the registrar and attach a transfer certificate to show that the trademark is transferred together with the goodwill.

(4) Effectiveness of registered trademark. If a trademark has been registered in Hong Kong for less than 7 years, anyone may request to cancel the registered trademark on the grounds that the registered trademark has been infringed. A registered trademark will be effective for all circumstances after 7 years from the date of registration, but the owner of the registered trademark still has no right to exclude the original user of the similar trademark from continuing to use the trademark for the same goods within the scope of the original trade activities.

(5) Trademark crimes. It stipulates the types of trademark-related crimes and imposes different criminal penalties. Anyone who forges a registered trademark register, or makes a false registration, or forges documents as records in the register, or other forgery acts, will be punished with a misdemeanor; anyone who counterfeits a trademark registered in Hong Kong, or has any words expressly or implicitly If the trademark is registered in Hong Kong but has not actually been registered, it shall be subject to summary litigation and shall be fined a certain amount; anyone who uses the coat of arms, emblem or name of the King of England without authorization in business or trade will make people think that the user is not responsible. Those appointed by the King of England or the royal family, or authorized by the Governor, will give false sanctions to the perpetrators and order them to stop using the above-mentioned signs.