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Hong Kong Trademark Registration Costs and Registration Procedures

Trademarks registration and protection in Hong Kong are regulated by the Hong Kong Trade Marks Ordinance and by the common law doctrine of passing off. Trademark application in Hong Kong can be based on intent to use basis. The registration and renewal of a trademark do not require the production of proof of use. Nevertheless, if a registered trademark is not used in Hong Kong for any continuous period of 3 years, any interested person can apply for its removal on the ground of non-use.

1.      Hong Kong Trademark Registration Fees (effect from 30/03/2015)

Note:

(1)  The fixed fees quoted above apply only to trademark applications which are unopposed and proceed without complication.

(2)     All fees quoted above do not include delivery fees.

2.      Calculation of Registration Costs

Example 1: One mark one class

If you want to apply to have your trademark "ABC" registered in Class 25 (clothing, footwear, headgear), that is, one mark one class, the total fees for both trademark pre-filing search and registration request and certificate are:

Pre-filing search: USD300
Request for registration: USD620
Final registration/Certificate: USD200
TOTAL: USD1,120

Example 2: One mark two classes

If you want to apply to have your trademark "ABC" registered in Class 25 (clothing, footwear, headgear) and Class 26 (Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers), that is, one mark two classes, the total fees for both trademark pre-filing search and registration request and certificate are:

Pre-filing search: 300+50=USD350
Request for registration: 620 + 470 = USD1,090

Final registration/Certificate: USD200

TOTAL: USD1,640

Example 3: Two marks one class

If you want to apply to have your trademarks "ABC" and "DEF" registered in Class 25 (clothing, footwear, headgear), that is, two marks one class, the total fees for both trademark pre-filing searches and registration requests and certificates are:

Pre-filing search: 300 + 300 = USD600
Request for registration: 620 + 620 = USD1,240

Final registration/Certificate: 200 + 200 = USD400

TOTAL: USD2,240

The costs illustrated in the examples above are based on the assumption of a smooth application, that is, no objection being raised by the trademark office or any other third party. Also, the costs stated above exclude courier charges for sending the Power of Attorney and delivery of Certificate of Registration upon acceptance of registration.

It is further assumed that the number of items of products included in each class is not more than 20. Each additional item after the first 20 is charged at a fee of USD10.

3.      Materials Required for Filing of Trademark Application in Hong Kong

(1)     A duly completed trademark search/registration order form (to be provided by Kaizen).

(2)     A soft copy of the trademark in JPEG format (device mark).

(3)     A copy of identity proof of the applicant (passport for individuals and business registration licence/certificate for corporation).

(4)     A priority document when priority is claimed. The document can be filed within 3 months after the filing date of the application (extra charge will be charged for filing priority claim documents).

4.      Hong Kong Trademark Application Procedures

(1)     Upon receipt of the necessary information and documents, Kaizen will conduct the pre-filing search and let the client have filing receipt for pre-filing search. Within 15 working days the official search report will be sent to the client;

(2)     (If the search results indicate that the application is likely to be accepted and client decide to proceed) Once received the payment for application and your final instruction, Kaizen prepares and submits the application documents to the Hong Kong Trade Marks Registry and obtain an official filing receipt notifying you the allotted application number. This could be done in 1 – 2 working days.

(3)     The Trademark Registration Office performs deficiencies checking to see if all the necessary parts of the form(s) have been filled in, if they are correct and if any required information is missing.

(4)     After the deficiencies checking has been completed and all is found to be in order, a search of the trademarks records will be conducted to see if the same or similar trademark has already been registered or been applied for by another trader in respect of the same or similar class of goods and services. The examiners will also see if the trademark satisfies the registration requirements laid down in the Trade Marks Ordinance. This will take 3 - 5 months. If the requirements for registration are not met we will receive objection against the mark. You, the applicant, have 6 months in which to meet the requirements.

(5)     If no objection has been issued, the trademark will be accepted for registration, it will be published in the Hong Kong Intellectual Property Journal at http://www.ipd.gov.hk/eng/ip_journal.htm. Anyone can view your trademark in the Hong Kong Intellectual Property Journal and lodge an opposition to it. The publication period is 3 months.

(6)     If no objections have been filed, the trademark will be accepted for registration, the Trade Marks Registry enter the details of your trademark into the trademarks register and then issue a Certificate of Registration; Notice of the registration will be published in the Hong Kong Intellectual Property Journal and the registration of your trademark will date back to the filing date of your application. That means as the owner of a registered trademark, your rights take effect from the filing date of the application.

(7)     Once received the payment of obtaining certificate, Kaizen will forward the Certificate of Registration and our detailed report letter to the client.

(Information based on “Application Process” on Intellectual Property Department of Hong Kong.)

5.      Time scale

Currently it takes around 6-8 months to get a trademark registered in Hong Kong in a smooth case.

6.      Payment Term and Payment Method

Our fees for each stage of an application are to be invoiced and settled before the commencement of each stage of service.

We currently only accept Hong Kong Dollar cheque, cash or TT and credit card through Paypal. Please click here for payment methods.

7.      Refund Policy

No refund of fees will be made after the commencement of services. For example, if we have already performed the pre-filing search and the search results indicate that there is an identical mark already in the register and application for filing should not be proceeded, the fees for pre-filing search will not be refunded. Or we have already filed an application and the application is being objected and refused by the trademark office or any other party, then there will not be any refunded of fees.

In any case you pay us our fees for all three stages of an application, and the search results indicate that the there is an identical mark already in the register and application for filing should not be proceeded, then the fees for services not performed, i.e., filing for application and issuing of certificate of registration will be refunded.

If you wish to obtain more information or assistance, please visit the official website of Kaizen CPA Limited at www.kaizencpa.com or contact us through the following and talk to our professionals:

Tel: +852 2341 1444

Mobile: +852 5616 4140, +86 152 1943 4614

WhatsApp/ Line/ Wechat: +852 5616 4140

Skype: kaizencpa

Email: info@kaizencpa.com