1. Trademarks in the application process can also be transferred. If a trademark that is being used for certain goods or services in commercial activities is transferred without goodwill during trademark transfer, it must meet the following requirements for the trademark transfer to be effective. The transferee shall request instructions from the Examining Officer within 6 months of the trademark transfer or within the time limit permitted by the Examining Officer, and shall publish a trademark transfer announcement in the manner and within the time limit required by the Examining Officer. When a person acquires the rights to a registered trademark through a trademark assignment or transfer, that person is registered in the register as the rights holder. Any document or deed not duly registered in the register cannot be used as evidence of trademark rights in any court. Unless otherwise provided by the court. Under the new law, if the recording application has been signed by both parties (i.e. the transferor and the transferee), the Registrar will no longer require to see the original transfer document.
2. Changes If the use of a trademark changes after registration, a change request should be made to the examining officer. The review officer has the right to decide whether to accept the change. It is not mandatory to change the registration, but an untrue registration will weaken the trademark owner's protection in the event of trademark infringement and counterfeiting.
3. Chartered Hong Kong has provisions for filing and registration of users of registered trademarks. The documents required for filing are as follows:
1. Agreement signed by both parties on the use of the trademark;
2. Statement of the situation issued by the registered owner (licensee);
3. Statutory declaration from the registered owner.
If the registered user of the trademark is a wholly-owned subsidiary or affiliate of the trademark owner, the application documents can be omitted. However, the following conditions must be met:
The trademark is used by a subsidiary or affiliate, and the trademark owner has sufficient equity capital of the subsidiary or affiliate. To ensure that the owner can appoint or select the leader of the licensee.