Explanatory Notes on Trade Marks Forms T2 and T2A

Explanatory Notes on Trade Mark Forms T2

Introduction
Please note that only minimal changes to the application are allowed after you have filed the application. If this form is used, the language of proceedings will be in English and the certificate of registration will be issued in English.

Either Chinese or English can be used as the language of proceedings. Please complete this form in English unless otherwise stated. This form must be signed and dated. If there is not enough space for any part on this form, please continue on an additional sheet. Number each additional sheet and state the number of additional sheets. Please keep a photocopy of the application form for your own records.

On submission of this form, you are taken to have consented to any use including reproduction of the trade mark or other information for scanning and examination purposes. Information provided in this application form, including personal information, may be made available on the Internet.

Part 01
Details of applicant
State the full name of the applicant of the trade mark. If the name of the applicant is not in Roman letters (e.g. Japanese or Korean company name) or in Chinese, a transliteration of the name into Roman letters must be provided. The applicant may be an individual or a company. The applicant's name consisting solely of a trading name is not acceptable. For multiple or joint applicants, all names should be given.
The address given should be the normal trade or business address. P.O. Box address or ˇ§care ofˇ¨ address is not acceptable. For multiple or joint applicants, provide each of their addresses if they differ.

Part 02
Trade Mark
You cannot amend the mark (except for addition of a registered mark) after you have filed the application.
Place a representation of the trade mark in Part 02 and ensure that the trade mark is placed in the box the right way up and is clear enough for scanning purpose. Please do not staple the representation of your mark to the form.

Series of trade marks
"Series of trade marks" means a number of trade marks, which resemble each other as to their material particulars and differ only as to matters of a non-distinctive character not substantially affecting the identity of the trade mark.
Owner of a series consisting of not more than 4 trade marks can apply to register them in a single registration. If you are applying for a series of trade marks, please arrange the marks in the series in alphabetical order by printing a capital letter "A" at the top left-hand corner of the first mark in the series, a capital letter "B" to the second mark, a capital letter "C" to the third mark and a capital "D" to the fourth mark.
If the marks in a series are identical but only differ in colour, you may wish to claim the relevant colour(s) as element(s) of your marks in the series, since otherwise there is no difference between them. To claim the colour(s) as element(s) of your mark, you are required to mark Part 07 and complete Part 13 on Form T2A as well (see SAMPLE attached).

Part 03
Non-Roman letters and non-Chinese characters
If your trade mark consists or contains a word, letter or character that is neither in Roman letters nor in Chinese characters, you are required to provide the transliteration and/or translation of the word, letter or character into English and state the language in question.

Part 04
Convention priority details
If the applicant has duly filed an application for registration of this trade mark in respect of the same goods or services in a Paris Convention country or WTO member within 6 months before the date of filing of this application, right of priority can be claimed. Attention is drawn to section 41 of the Trade Marks Ordinance.
It is possible to claim multiple priority dates in respect of different goods and/or services.

Part 05
Goods and/or services covered by this application
Please list the goods and/or services for which you want to register your trade mark. If your application covers goods or services in more than one class, please group them together by class in numerical order. State the class number(s) in the left-hand column of Part 05. You will not be able to add any extra goods or services to your application after you have filed it with the Registry. You may however be able to amend your application by using Form T5A and pay the applicable fee (HK$650 per class) if some of the goods or services listed are, according to the Registrar, not in any class you have stated in this application.
If you require information on the classification of goods or services, please refer to the Nice Classification which can be viewed at: http://www.wipo.int/classifications/en/. A copy is also available at the counter of the Trade Marks Registry.

Part 06
Use of trade mark
Please indicate whether the trade mark is being used by the applicant or with his consent in relation to the goods or services indicated in Part 05, or the applicant honestly intends to use the trade mark, or allows it to be used, in relation to those goods or services.

Part 07
Please attach Form T2A as well if you are applying for a certification, collective or defensive mark, a sound or smell, or if you claim a 3-D shape or colour(s) as a trade mark/elements(s) of a trade mark, or if you wish to include a disclaimer, limitation or condition.
For more details on certification, collective or defensive mark, shape, colour, sound, or smell or colour mark, or disclaimer, limitation or condition, please refer to the explanatory notes on Trade Mark Form T2A.

Part 08
Signature
Please remember to sign and date this form. This form may be signed by the applicant or his agent.

Part 09
Address for service
You must provide details of an address for service in Hong Kong, China. Please note that a P.O. Box or ˇ§care ofˇ¨ address is not acceptable. Phone number, facsimile number and e-mail address for are not compulsory but, if we need to contact you, they can be useful to confirm or speed up the resolution of a matter.

Part 10
Agent's address
If you are an agent, you must provide details of an address in Hong Kong, China where you reside or carry on your business activities. Please note that a P.O. box or ˇ§care ofˇ¨ address is not acceptable.

Explanatory Notes on Trade Mark Form T2A

Introduction
You only need to attach this form to Form T2 if you are applying for a certification, collective or defensive mark, or a sound or smell mark, or if you claim a 3-D shape or colour(s) as a trade mark/element(s) of a trade mark, or if you wish to include a disclaimer, limitation or condition.

If form T2 is completed in English,.please complete this form in English, which is the language of proceedings used. If there is not enough space for any part on this form, please continue on an additional sheet. Number each additional sheet and state the number of additional sheets. Please keep a photocopy of the application form for your own records.

On submission of this form, you are taken to have consented to any use including reproduction of the trade mark or other information for scanning and examination purposes. Information provided in this application form, including personal information, may be made available on the Internet.

Part 12
Certification mark
A certification mark is a sign indicating that the goods or services in connection with which it is used are certified by the trade mark owner (or by any person approved by the owner) in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.
If this application is for a certification mark, you must file regulations within 9 months after the date when you file this application. Attention is drawn to paragraphs 6, 7, Schedule 4 of the Trade Marks Ordinance and rule 101 of the Trade Marks Rules.

Collective mark
A collective mark is a sign distinguishing the goods or services of members of an association from those of other undertakings.
If this application is for a collective mark, you must file regulations within 9 months after the date when you file this application. Attention is drawn to paragraphs 5, 6, Schedule 3 of the Trade Marks Ordinance and rule 100 of the Trade Marks Rules.

Defensive mark
An application for defensive mark may be filed if a registered trade mark has become exceptionally well known in Hong Kong in relation to some goods or services that its use in relation to other goods or services would likely to detract from its distinctive character in relation to the goods or services for which it has been used. The owner is not required to use the trade mark on the goods or services applied for but evidence is needed to support the application.
If this application is for a defensive mark, you must file statutory declaration or affidavit within 9 months after the date when you file this application. Attention is drawn to Section 60 of the Trade Marks Ordinance and rule 99 of the Trade Marks Rules.

Part 13
A trade mark must be graphically represented. Where the sign is a 3-dimensional shape, colour, sound or smell, you need to give a clear description of the sign.

Shape
An application for registration of a 3-dimensional shape as a trade mark or as an element of trade mark shall not be treated as a shape mark unless the application contains a statement claiming the shape as the trade mark or as an element of trade mark.
If the trade mark does not consists of or contains a 3-dimensional shape, there is no need to mark this box.

Colour
An application for registration of a colour or colours as a trade mark, or as an element or elements of trade mark shall not be treated as a colour mark unless the application contains a statement claiming the colour or colours as the trade mark, or as an element or elements of trade mark. In addition, the trade mark, or the element or elements of trade mark must appear in the representation of the trade mark included in the application in the colour or colours for which the claim is made.

Sound
If the trade mark consists wholly or in part of a sound, please state that fact and provide a description of the mark.

Smell
If the trade mark consists wholly or in part of a smell, please state that fact and provide a description of the mark.

Part 14
Disclaimer, limitation or condition
If you want to disclaim the right to the exclusive use of any part of your mark or to limit your use of the mark, please give details in this box.