Introduction

This form is available in Chinese and English. Either Chinese or English can be used as the language of proceedings. If the English form is used, please complete the form in English unless otherwise stated. The language of proceedings will be in English and the certificate of registration will be issued in English.

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.

By submitting the application, you will be treated as having given consent to the Trade Marks Registry and its service provider to copy all the information provided for the purpose of the administration of the Trade Marks Ordinance and its subsidiary legislation. Any of the information provided may be made available for public inspection, in full or in part, pursuant to Rules 68 and 69 of the Trade Marks Rules, Cap. 559A. Such information may be accessed through the Internet.

This form must be signed and dated.

Please note that only minimal changes to the application are allowed after you have filed the application.

Please note that any application fees paid for Form T2 are generally not refundable even if the application cannot proceed to registration. There are only very limited circumstances under which refund may be made.

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 or in Chinese (e.g. Japanese or Korean company name), please include a transliteration in Roman letters. Please ensure the applicant named in Part 01 is capable of holding property including trade mark. If it is a sole proprietorship / partnership firm in the Hong Kong Special Administrative Region (the Hong Kong SAR), please provide the name(s) of the sole proprietor / partners followed by the trading name of the sole proprietorship / partnership firm  (e.g. Chan Siu-ling trading as Chan & Co.).

The address given should be a normal residential, trade or business address.

Please state the applicant type. If it is “incorporated”, please provide the “country / territory / area of incorporation”. For applicant incorporated in the United States, please also provide the “state of incorporation”.

For multiple or joint applicants, please provide details of all applicants.

Part 02
Address for service in Hong Kong

You must provide details of an address for service in Hong Kong. Please note that a P.O. Box or “care of” address is not acceptable. “Telephone no.” and “Fax no.” are not compulsory but, if we need to contact you, they can be useful to confirm or speed up the resolution of a matter.

"Reference no." is your own reference file number for that particular application. If you / your company do not assign any reference file number for that application, you may leave this blank.

Part 03
Agent's details

If you are an agent, you must provide your full name and an address in Hong Kong where you reside or carry on your business activities. Please note that a P.O. box or “care of” address is not acceptable.

Part 04
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 04 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 or include any elements which do not form part of the trade mark you intent to apply for.

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.

Part 05
Non-Roman letters and non-Chinese characters

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

Part 06

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

Colour

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. The colour claim may be provided in the following format:

The applicant claims the colour(s) < > as an element / elements of the trade mark.
OR
For series marks:
The Applicant claims the colour(s) < > as an element / elements of mark "A" in the series, the colour(s) < > as an element / elements of mark "B" in the series, and the colours < > as an element / elements of mark "C" in the series.

For marks which solely consist of a colour or combination of colour(s) without other kinds of signs, the claim may be provided as follows:

The applicant claims the colour(s) < > as a trade mark.

3-Dimensional 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. The 3-dimensional shape claim may be provided in the following format:

The mark consists of a 3-dimensional shape.
OR
The mark consists of a 3-dimensional shape with the word(s) / device(s) appearing on it.
PLUS
The applicant claims the shape of a < > as a trade mark / an element of the trade mark.

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.

Movement mark or hologram

Where the mark applied for registration is in the nature of a movement mark which consists of a moving image, or a hologram whose image may change when viewed from different angles, the applicant should state the precise nature of the mark with a clear representation and description of the mark.

Part 07
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. Please state the class number(s) in the left-hand column of Part 07. 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$1,000 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.

Please consider if any of your goods and/or services are those set out in the list(s) on the webpage “Commonly used descriptions of goods or services and their class numbers” and if yes, you may include the relevant descriptions in the Form T2 you submit. If not, please complete Part 07 by specifying your goods and/or services and their class number(s) as explained in the above paragraph. Please note that the list(s) are not exhaustive and do not cover all descriptions of goods or services and their class numbers under the Nice Classification.

Goods and services are classified in accordance with the NICE Classification. You may view the NICE Classification and select the descriptions of goods and/or services at "How to classify my goods and services".

Part 08
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 acceptable to claim multiple priority dates in respect of different goods and/or services.

Partial priority claim in a single class application may be given in the following format:

(for goods listed in (A) )

Partial priority claim in a multi-class application may be given in the following format:

(for Class < > )
(for Classes < > and < > )

Partial priority claim in series mark of a single class or a multi-class application may be given in the following format:

(for goods listed in (A) in Class < > / Classes < > and < > of mark “A” in the series)

Part 09
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 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 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 registration of a defensive mark may be filed if a registered trade mark has become exceptionally well known in the Hong Kong SAR 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 you file this application. Attention is drawn to Section 60 of the Trade Marks Ordinance and rule 99 of the Trade Marks Rules.

Part 10
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.

A disclaimer may be provided in the following format:

Registration of this Trade Mark shall give no right to the exclusive use (, separately,) of the word(s) / letter(s) / numeral(s) / device(s) of < >.

Part 11
Confirmation

Please remember to sign and date this form. This form may be signed by the applicant or his agent. By signing this form, you confirm that:

Part 12
Attachment(s)

If there is not enough space for any part on this form and you attach additional sheet(s), please state the number of additional sheet(s).