Main characteristics of trademark law in Hong Kong
1, two protection systems. In Hong Kong, registered trademarks are called legal trademarks and are protected by trademark law. Unregistered trademarks are called unwritten trademarks and are protected by innuendo. If the trademark owner fails to register his trademark completely and effectively, he shall not bring a trademark infringement lawsuit and has no right to demand to stop the infringement or compensate for the losses; However, we can file an innuendo lawsuit against other people's fakes, inquire about the registration of trademarks in Hong Kong, and safeguard our reputation of illegally registered trademarks.
2. Two registered trademarks. Hong Kong trademark registration is divided into two parts: Part A and Part B. According to British practice, which kind of trademark is approved for registration is determined by the identification and degree of identification of the trademark itself.
3. The transfer of a general registered trademark must be transferred together with the goodwill, which shall be jointly applied by the trademark owner and the transferee, and shall be effective after being approved by the registrant. If both parties fail to file an application at the same time, the assignee may file an application with the Registrar, and attach a transfer certificate to show that the trademark is transferred together with the goodwill.
4, the effectiveness of registered trademarks. If a trademark has been registered in Hong Kong for less than seven years, anyone can ask for cancellation of the registered trademark on the grounds that it is unfavorable to him. A registered trademark is valid in all cases after 7 years from the date of registration, but the owner of the registered trademark still has no right to exclude the person who uses the similar trademark from continuing to use the trademark for the same commodity within the original trade scope.
5. Trademark crime. The types of trademark crimes and different criminal penalties are stipulated.
Hong Kong trademark transfer process
Intellectual Property Share with you the process of trademark transfer in Hong Kong for your reference.
It is worth noting that before trademark transfer, it is necessary to notarize the transferred trademark online to prove the authenticity of the trademark. In addition, it is necessary to confirm whether the transferred trademark is a registered trademark or an unregistered trademark.
Step 1: sign the trademark entrustment purchase contract, pay the purchase deposit, and provide the information of the trademark transferor, including the copy of the business license valid for the annual inspection of the company.
Step 2: After receiving the information of the trademark transferor, handle the trademark notarization and sign the relevant documents required for the transfer.
Step 3: After the notarization is completed, fax or email the registration certificate and notarial certificate of the trademark to the buyer, and the buyer will pay off the remaining amount of the trademark after confirmation.
Step 4: After receiving the full payment, send the original trademark registration certificate, notarial certificate and other documents to the buyer, and submit the signed application and power of attorney to the Intellectual Property Department of Hong Kong.
Step 5: The Intellectual Property Department of Hong Kong will approve the completion of the transfer in about 2-4 months and issue a notice of approval of the transfer. At this point, the trademark was officially transferred to the buyer's name.
What is the process of trademark transfer in Hong Kong? We are here to answer this question for you. If you have more questions about trademarks, you can continue to pay attention to intellectual property rights or contact us by phone.
Hong Kong trademark transfer trademark transfer process