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FORUM - Intellectual Property Rights

trade mark registration in HK & Mainland China

02 Mar 2009 12:00

1

I would highly appreciate your comments on the issue below. My italian company registered its trade mark in italy. we are considering to register the trademark in HK and mainland China. 1) HK : can I make the application by myself and according with procedure? what would the the cost for the registration ? 2) what about for the application in mainland? would it be possible to use HK based offices ? can you suggest one or more ? can you figure the expenditure for this ? thank you very much for your attention.
Post 1 of 8

17 Apr 2009 10:24

No, you cannot register the trademark by yourself in Italy, but if you have a HK based company, you may do so for HK application, but not China. You may go through an agent in HK and China. If you are interested, you may contact me directly.
Post 2 of 8

11 Jun 2009 17:39

hi i'm a (non-resident) business owner in HK. i am about to register the trademark name and logo of my product in HK. it seems that the application process is manageable to do without the tremendous cost of a lawyer (i already checked for existing trademarks in HK and applied for a preliminary advice on registration -form T1-). am i correct? what about registering in mainland china? can i register my TM name and logo of my HK company without a lawyer (online application on chinatrademarkdatabase.com)? thank your for your advice!
Post 3 of 8

15 Oct 2009 11:27

If you want to apply the the China Trademark, you need to offer the register certification logo then you can consign the agent to do others.
Post 4 of 8

04 Aug 2012 09:57

Hi i need help for my trade mark registration in mainland china and hk.

How much is the price for help?

Thanx

Post 5 of 8

07 Aug 2012 18:07

A trade mark is a distinctive sign that differentiate the goods and services of one trader from those of others. A trade mark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colors, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically by way such as drawing or description in order for it to be registered as a trade mark. It is importance to register it before your competitors do and to obtain an early trade mark registration filing date to protect your brand. For a straight forward registration, it costs about several thousands Hong Kong Dollar and the whole process, comprising pre-filing trade mark search, application, publication and registration, takes about 6 months. Registration is for a period of 10 years and can be renewed for a further period of 10 years. Information about trade mark registration in Hong Kong can be found from Intellectual Property Department of HKSAR Government (http://www.ipd.gov.hk/eng/trademarks.htm). For China, information can be found from Trademark Office of the State Administration for Industry & Commerce & Commerce of the People’s Republic of China (http://sbj.saic.gov.cn). Quite a number of law firms in Hong Kong provide such registration service, you may like to take a look at HKTDC’s website – “Trademark/ Patent Registration Service (http://service-providers.hktdc.com/manufacturers/Trademark-Patent-Registration-Service-Providers/en/1558-1/).

Post 6 of 8

08 Jan 2013 16:41

Trademark registration in China mainland has no must to go to an agency. As a foreign applicant, you can directly submit your application to National IPR Office in Beijing. While the disadvantage is that you must provide one contact add in China mainland for the future application notice and contact. No doubt,after you get the official TM certificate there is no any problem for your location. Your brand is protected as soon as you get the final TM registration certificate which takes around 1 year. Romeo Lau & Co. is specialized in IPR and WFOE services and advices, contact us if you need related assistance dmc_canto@yahoo.com

Post 7 of 8
Moderator

17 Jan 2013 10:00

The China 11th National People’s Congress amended draft of the Trademark Law considered by the 11th National People’s Congress Standing Committee at the end of December. It is put forward that efforts will be made to strengthen protection of the rights to exclusive use of trademarks, add provisions on punitive compensation, and raise the amount of compensation for infringement.

 

In view of the fact that currently the cost of protecting trademark rights is so high that often the compensation for infringement awarded to the right holder cannot offset the damages sustained, the amended draft has introduced a punitive compensation system providing that in serious cases of malicious infringement of rights to exclusive use of a trademark, the amount of compensation for infringement can be set at one to three times the amount of actual losses suffered by the right holder, the proceeds obtained by the infringer, or the licensing fees of the registered trademark. For details please check here for the TDC Research feature.

Post 8 of 8
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