At present, the Intellectual Property Department of the Hong Kong Special Administrative Region of China adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Hong Kong, China include: text, name, graphics, letters, numbers, three-dimensional identification, color combinations, slogans, sound, smell, etc.
If the applicant does not reside in Hong Kong, China, they must entrust a specialized agent in their local area to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4.If priority is declared, the country of priority, application number, and application date must be provided; If there is a prior trademark during the examination process, the examiner will request priority proof documents and corresponding Chinese/English translations (in the language used at the time of application submission).
The main process of applying for registration of a trademark in Hong Kong, China is: application acceptance examination announcement approval issuance. The application will be accepted within about 2 days after submission. The Trademark Registration Office first conducts a formal examination, mainly examining whether the application requirements and classification information comply with regulations. If they do not comply with regulations, a notice of correction will be issued; If it meets the requirements, the examiner will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After the substantive examination is approved, an announcement will be arranged. The day before the expiration of the 3-month period from the announcement date is the objection period. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the registration can be approved and a registration certificate can be issued; In a smooth situation, trademark registration in Hong Kong, China takes about 8 months; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking 2-3 years.