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. You can use our Preliminary Advice Services on Search of Records by submitting Form T1, or conduct your own search online at our online Trade Mark Search System
- 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 Preliminary Advice Services on Registrability and Search of Records before submitting your application as this can give a good indication as to whether your trade mark is eligible for registration.
Preliminary Advice Services
You may use our Preliminary Advice services on Form T1 before applying for a trade mark. It can tell you whether we will likely accept your trade mark for registration. Using this service can save you the money of applying an unregistrable trade mark.
- Preliminary advice on registrability under section 11 of the Trade Marks Ordinance: we will tell you if your mark is sufficiently distinctive or if we may raise any other types of objections against your mark.
- Search of records – Preliminary advice on section 12 of the Trade Marks Ordinance: we will tell you if there are any identical or similar marks on the Trade Marks Register. Alternatively, you can search the Trade Marks Register yourself before making your application at our online Trade Mark Search System.
Form : T1
Please refer to “Form T1 sample”, How to classify my goods and services? and Commonly used descriptions of goods and services and their class numbers before you fill in the form.
Fee : HK$400 for each service plus HK$200 per each additional class of goods or services
Payment can be made by Octopus card, cash or cheque payable to "The Government of the Hong Kong Special Administrative Region". Payment by credit card is only available for applications submitted through IPD e-filing system. For details, please visit efiling.ipd.gov.hk.
Submitting your Form T1
Please submit your Form T1 with fees to "Trade Marks Registry, Intellectual Property Department, 24/F, Wu Chung House, 213 Queen's Road East, Wanchai, Hong Kong" by post or in person.
Opening hours: 9:00 a.m. - 5:45 p.m. (Monday to Friday)
You may also submit your Form T1 electronically through IPD e-filing system. For details, please visit efiling.ipd.gov.hk.
Before you apply