Question 1

How long will the whole trade mark application process take?

Accepted Answer

Upon receipt of the application, the examiner will process the application according to the Trade Marks Ordinance and Trade Marks Rules. If there is no deficiencies and no opposition, the whole process (from receipt of application to the application being approved) will take as short as six months.

There are four stages in the process of examining an application for registration:
 • deficiency checking
 • examination against the requirements of the Trade Marks Ordinance
 • acceptance and publication for opposition
 • registration and issue of certificate of registration.

(Reference from: https://www.ipd.gov.hk/eng/home.htm)

Question 2

What is deficiency checking of my application for registration?

Accepted Answer

Shortly after you file an application for registration, we will check that the information about your name, address, the representation of the mark, the goods and services and other information is complete and correct. If the application is not complete and correct, we will send you a deficiency notice so that you can correct the deficiency within two months. (Reference from: https://www.ipd.gov.hk/eng/home.htm)

Question 3

What is involved in examining my application for registration?

Accepted Answer

We examine your application to decide if it meets the requirements of registration under the Trade Marks Ordinance. To be registrable, your mark must have a distinctive character in respect of your goods and services. It cannot be a mark that consumers would expect other traders would use generally to describe or promote the goods and services. Additionally, to be registered, your mark cannot be similar to an earlier registered mark or application, for similar goods or services. (Reference from: https://www.ipd.gov.hk/eng/home.htm)

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