Hong Kong’s trademark law is formulated with reference to the British trademark law and belongs to the Anglo-American legal system. , here we compare them

***Same points

1. The basic procedures for trademark registration applications are roughly the same, including inquiry (search), application, fee payment, and formal review ( Procedures include receipt of application), substantive examination (search and examination), announcement, objection (third party objection) and registration.

2. There are many similarities in the substantive provisions of trademark rights. The trademark must be distinctive; the trademark protection period is 10 years; it can be revoked if it is not used for three years; it is governed by the Paris Convention for the Protection of Industrial Property. Protection, priority and special protection for well-known trademarks; trademark rights can be transferred, changed, and licensed; civil or criminal sanctions for trademark infringements are stipulated.

Main differences

1. The difference between the principle of use and the principle of registration: Hong Kong’s trademark law is based on the principle of use and supplemented by the principle of registration; while the trademark law of the Mainland is based on the principle of registration. Mainly, use the principle as a supplement.

2. The calculation methods of the time for obtaining trademark rights are different: Although the validity period of Hong Kong trademark rights and the validity period of trademark rights in the Mainland are both 10 years, the time for obtaining trademark rights in the two places is different. The acquisition time of trademark rights in Hong Kong is calculated from the date of filing the trademark registration application, while the acquisition time of trademark rights in the Mainland is calculated from the date the trademark is approved for registration.

3. There are different restrictions on natural persons applying for trademarks: Both Hong Kong Trademark Law and Mainland Trademark Law allow natural persons to apply for trademarks. Hong Kong has no special restrictions on natural persons applying for trademarks. However, starting from February 12, 2007, Mainland Trademark Law Certain restrictions have been set for natural persons to apply for trademarks. If you apply for trademark registration in the name of a natural person, you must provide an individual industrial and commercial household business license and other relevant materials.

4. The time required in practice is different: in Hong Kong, it takes about 6-9 months from application to obtaining trademark rights, while in the Mainland, it takes about 2 years or more longer.

5. Different requirements for selecting goods or services: When applying for trademark registration in Hong Kong, you can select multiple categories of goods or services according to the International Classification of Goods and Services for Trademark Registration. When specifying the goods or services, you can fill in the entire category. According to the Mainland Trademark Law, only one category and one mark can be registered. When selecting goods or services, you can only select up to 10 products under one category, otherwise additional fees will be charged.

6. Different provisions on defensive trademarks: A defensive trademark is a trademark owner registering several identical trademarks on different categories of goods or services. The main trademark used is the basic registered trademark, and the rest are defensive trademarks. The Hong Kong Trademark Law clearly stipulates that you can apply for a defensive trademark, which is more conducive to protecting well-known trademarks. However, defensive trademarks in the Mainland are only an academic concept and have not yet become a legally stipulated concept.

7. Differences in the agency system: According to the Hong Kong Trademark Law, rights holders in other countries or regions can entrust any person, partnership firm or company to act as a trademark agent in any legal proceedings at the Trademark Registry. , as long as the agent has a residence or business address in Hong Kong; if foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in mainland China, they should entrust a nationally recognized organization with trademark agency qualifications to act as their agent.

8. Different competent departments and rights: The department in charge of trademark registration in Hong Kong is the Trademark Registration Office of the Intellectual Property Department of the Hong Kong Special Administrative Region of the People's Republic of China; the department in charge of trademark registration in mainland China is the People's Republic of China* **Trademark Office of the State Administration for Industry and Commerce. Hong Kong Customs is the only agency with the power to investigate and deal with trademark infringements. The agencies that investigate and deal with trademark infringements in mainland my country are generally the fair trading departments of the industrial and commercial bureaus at all levels.