Before you apply

When we receive your application our examiner will check it and decide whether we need to object to your trade mark based on the criteria laid down in the Trade Marks Ordinance. Therefore there are a number of factors which you must consider before applying to register a trade mark. Listed below are some important points:

• Is it distinctive?
  Does your trade mark stand out from the crowd? Does your trade mark, be it a logo, word, picture, etc. clearly set your goods and services apart from those of other traders? We will object to the mark if we do not think it does. We will consider invented words or everyday words that are in no way associated with your line of business as distinctive. For example the invented word "ZAPKOR" is distinctive for spectacles and the word "BLOSSOM" is distinctive for medical services.

• Is it a description of your goods and services?
  If your trade mark describes the goods and services or shows the quality, purpose, quantity or value of them, then we are likely to object to the mark. Similarly we are likely to object to the use of geographical name in a mark. For example, we would for the above reasons object to the following marks: "QUALITY HANDBAGS", "FRESH AND NEW" and "NEW YORK FASHION".

• Is it a well known term in your line of business?
  If your trade mark is a well known term or representation in your line of business we would object to it. For example "V8" for vehicle engines.

• Other people's Trade Marks
  Has someone else already registered or applied to register the same or similar trade mark for the same or similar goods and services? If your trade mark looks or sounds the same or similar to another registered mark, or one that is being applied for, we will object to your mark.

• Trade Mark search
  It is important to conduct a search of the trade mark register to see if your trade mark is already registered or has been applied for by another trader. As mentioned earlier you can use our Search and Preliminary Advice Services, by submitting Forms T1 or conduct your own search online at http://ipsearch.ipd.gov.hk

• Other important information to consider before you apply
  It is important to consider all the points mentioned above when applying to register your trade mark as once we receive your application you cannot make any changes to your application (only minor clerical errors on the form may be amended).If we object to your mark and hence you decide to make changes to it to facilitate its registration, a new application will have to be submitted. Obviously this will slow the registration process of your trade mark.
  
  Therefore you should carefully consider all the reasons why we may object to your mark at the start and make changes accordingly before you submit the application. We recommend that you use our Search and Preliminary Advice Services before submitting your application as this can give a good indication as to whether your trade mark is eligible for registration.