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What is Intellectual Property? > Trademarks > Differences among Company Registration, Business Registration and Trademark Registration > Frequently Asked Questions
Frequently Asked Questions of Company Registration, Business Registration and Trademark Registration Q1. I have already incorporated my company/registered my non-Hong Kong company with the Companies Registry, do I still need to apply for a Business Registration Certificate? Yes. You need to apply for a Business Registration Certificate from the Business Registration Office (BRO) under the Inland Revenue Department within one month of the date of incorporation/registration with the Companies Registry. The registration procedures are very simple. You only need to complete the prescribed application form, [Form 1(b)] and submit it to the BRO together with a photocopy of your Certificate of Incorporation or Certificate of Registration issued by the Companies Registry. For more information about the registration procedures, please visit the website of the BRO (http://www.gov.hk/br). Q2. My non-Hong Kong company has already commenced business in Hong Kong but the Certificate of Registration has not yet been issued by the Companies Registry. Can I apply for a Business Registration Certificate first? Yes. You should apply for a Business Registration Certificate within one month of the date of commencement of business in Hong Kong. For more information about the registration procedures, please visit the website of the BRO (http://www.gov.hk/br). Q3. I would like to set up a sole-proprietorship or a partnership business in Hong Kong. Should I apply to the Companies Registry for registration? The Companies Registry is responsible for the incorporation of local limited companies and the registration of limited companies incorporated outside Hong Kong which have established a place of business in Hong Kong. For your sole-proprietorship or partnership business, you should register the business with the BRO within one month of the commencement of the business. Please complete the prescribed application form (Form 1(a) for sole-proprietorship business and Form 1(c) for partnership business) and submit it to the BRO together with a photocopy of your Hong Kong identity card or passport (and those of your partners in the case of a partnership). For more information about the registration procedures, please visit the website of the BRO (http://www.gov.hk/br). Q4. I have registered my trademark with the Trade Marks Registry. Do I still need to apply for a business registration? Yes. You still need to apply for a Business Registration Certificate for your business within one month of the commencement of the business. Q5. I have registered my business, do I have the exclusive right to use my business name as my trademark? No. Business registration and trademark registration in Hong Kong serve different purposes. They are regulated by different laws and registration systems administered by different government departments. To obtain the exclusive right for using a trademark in relation to the goods and services for which the mark is registered, you need to apply to register your trademark with the Trade Marks Registry. Q6. How do I know whether someone else has had registered my trademark as his business name? The BRO maintains a register of businesses for inspection by the public. The information recorded in the register includes the business name, its business nature, its business address, and the personal particulars of its owners (where applicable). Any person can inspect the register at any time and at any where via the Internet. For more details about the pubic inspection service, please visit the website of the BRO (http://www.gov.hk/br) . Q7. I have already registered the name of my limited company with the Companies Registry. Can I use the registered company name as a trademark? Will my company name be protected as a registered trademark automatically? Company registration and trademark registration in Hong Kong serve different purposes. They are regulated by different laws and registration systems administered by different government departments. The Companies Registry is responsible for the registration of local limited companies and companies incorporated outside Hong Kong which have established a place of business in Hong Kong, while the Trade Marks Registry administered by the Intellectual Property Department is responsible for the registration of trademarks. Having the name of a limited company registered with the Companies Registry does not automatically confer on the company the right to use its name as a trademark in promoting or dealing in goods and services. You have to file an application with the Trade Marks Registry for trademark registration in order to obtain the protection under the Trade Marks Ordinance. Q8. Will the Trade Marks Registry give approval to the registration of the name of my limited company as a trademark because I have registered it with the Companies Registry? Company registration and trademark registration in Hong Kong serve different purposes. They are regulated by different laws and registration systems administered by different government departments. The Companies Registry is responsible for the registration of local limited companies and companies incorporated outside Hong Kong which have established a place of business in Hong Kong, while the Trade Marks Registry administered by the Intellectual Property Department is responsible for the registration of trademarks. The fact that the name of your company has been registered with the Companies Registry does not mean that it is registrable as a trademark. The Registrar of Trade Marks examines each application to ensure that the requirements under the Trade Marks Ordinance (Cap. 559) and Trade Marks Rules (Cap. 559A) are satisfied. For details, please visit the website of the Intellectual Property Department: ../../trademarks.htm Q9. How can I know whether my company name has been registered as a trademark in the name of other company? You can search the records of registered trademarks and trademark applications filed with the Trade Marks Registry by using the free online search services provided by the Intellectual Property Department at http://ipsearch.ipd.gov.hk/index.html to find out whether your company name has been registered as a trademark by other. Q.10 If someone else makes an application to the Trade Marks Registry for registration of the name of my company as a trademark, can I oppose to its registration? If someone else makes an application to the Trade Marks Registry to register the name of your company as a trademark and the application is accepted by the Registry, you may file an opposition notice together with the grounds for opposition, within the 3-month period beginning on the date of publication of the application in the Hong Kong Intellectual Property Journal (../../ip_journal.htm). You are required to file evidence in support of the grounds for opposition in the opposition proceedings. FAQ specific to the application for registration of a trademark
FAQ specific to the incorporation and registration of limited companies
FAQ specific to Business Registration
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