Filing an application requires:
Both the filing and advertisement fees have to be paid at the time the application is filed. The fees payable for filing an application, or for other transactions under the Registered Designs Ordinance, can be found in the Schedule to the Registered Designs Rules.
Important Reminder: Applicants and their employees or agents must not offer an advantage as defined in the Prevention of Bribery Ordinance (Cap. 201) to any government officer in connection with their applications or while having dealings of any kind with government departments.
More than one design can be included in an application provided that the designs relate to the same class of articles as classified under the Locarno Classification, or to the same set of articles. A reduced fee is payable for every subsequent design in a multiple application.
A set of articles means two or more articles of the same or similar design and of the same general character that are usually sold together or are intended to be used together. For example, a tea set is a set of articles.
You may need to consult agents or law firms specialising in intellectual property practice for professional advice on filing your application.
Representations and a statement of novelty are essential as they show the design and describe the features claimed to be new so that the scope of protection can be known to the public. It is in the interests of the design owner to file clear representations so that the registration effectively protects the design.
In addition to a representation, a sample can be filed to support an application to register a two-dimensional design for a textile article. A textile sample can be filed if:
Samples of other articles will not be accepted unless required by us.
A design owner can claim a priority date based on a first application in a Paris Convention country or World Trade Organisation (WTO) member if he applies in the Hong Kong Special Administrative Region within six months of the first application. To be registrable the design must be new at the priority date.
You need to file a statement of priority and a copy of the previous application, together with a copy of a certificate issued by a competent authority of the relevant Paris Convention country or WTO member. If the relevant documents are not in one of the official languages, you have to file a copy of the translation of the document which states the name of the translator and his official capacity (if any).
Disclosure in confidence by the owner, or disclosure by another person in breach of good faith, or communication to a government department, or display at an official international exhibition will not destroy the novelty of a design.
If an application is made not later than six months after the opening of the exhibition, a design displayed at, or published after, an official international exhibition will not lose its novelty.
Updates to the list of official international exhibitions are available from the Bureau International des Expositions, 34, Avenue d'Iéna, 75116, France or can be viewed at http://www.bie-paris.org.