After the Trademark Registry receives a registration application, the Examining Officer will process the application according to the steps shown in the figure and below. If there are no deficiencies in the application and there is no objection to the proposed trademark registration, the entire process (from the Trademark Registry receiving the application to the approval of the trademark registration) can be as short as six months.
Submit your application. After the Trademark Registry receives the registration application form (Form T2 or T2A), we will issue a receipt and notify you of the application number. Checking for deficiencies in the application Before reviewing the application, the Trademark Registry will review the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If the information is incomplete, the Trademark Registry will require the applicant to remedy the deficiencies. Very minor amendments (such as the number of the product category) will not affect the date of filing the application, but more important amendments (such as the failure to submit an illustration of the trademark) will have an impact on the date of filing the application. In addition, major changes (such as changing the image of the trademark) will not be accepted. If everything is in order, the application process will proceed to the next stage (search and review). After the search and review is completed to check for deficiencies in the application and confirm that all information is complete, the Trademark Registry will search the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. Some of these criteria are set out in the section "Things to Consider Before Submitting an Application". This section is for reference only and does not list all requirements. The Examining Officer will then issue a written opinion stating the objections and reasons for the mark, or confirm acceptance of the application for registration of the mark. Objection If the application does not meet the registration requirements, the Trademark Registry will file an objection. Applicants must meet the relevant requirements within six months. This period can be extended by three months. How to resolve objections: The Trademark Registry will explain in its opinion why the trademark concerned does not meet the registration requirements. If it believes that the objection can be resolved, it may suggest solutions to the applicant. If objections persist even if the applicant has managed to resolve the objections raised by the Registrar of Trademarks in the preliminary opinion, the application may still not comply with the registration requirements. The Trademark Registry will then issue an opinion explaining the review results. At this stage, if the applicant wants to continue with the application, he can meet the registration requirements or request a hearing within three months from the date when the Trademark Registry submits another opinion. The applicant can only request an extension of the above time limit under the circumstances specified in the Trade Marks Rules (for example, if more time is needed to obtain the consent of the prior trademark owner). If a hearing is requested, all evidence for and against the registration of the trademark will be considered at the hearing. The hearing officer will then make a decision. Hearing If a hearing is requested, all evidence for and against the registration of the trademark will be considered at the hearing. The hearing officer will then make a decision. Announcement of Application Once the Trademark Registry accepts your application, it will be announced in the Hong Kong Intellectual Property Gazette. Third Party Objection Anyone can read your trademark in the Hong Kong Intellectual Property Gazette and lodge an objection to your registration application. The objector must submit a notice of objection within three months from the date of publication of the registration application. As an applicant, you can withdraw your application for registration or submit a counter-statement to an objection. Each party has the opportunity to submit evidence within a specified time limit in connection with the application for registration or objection to registration. After the Trademark Registry receives all the evidence, it will arrange for both parties to attend the hearing and the hearing officer will make a decision. If you withdraw your application for registration or lose in legal proceedings against registration, you may be required to pay the other party's legal costs. After the Registrar of Registered Trademarks accepts the application for registration of the relevant trademark, the details of the trademark will be entered into the register and a certificate of registration will be issued to the applicant. In addition, the Registrar of Trademarks will publish the relevant registration notice in the Hong Kong Intellectual Property Gazette. The registration date will be retroactive to the date of filing the application. In other words, your rights as the owner of the registered trademark shall be calculated from the date of filing the application. Trademark review