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Trade company registry

Trademark

A trademark is a sign which is capable of distinguishing the goods or services of different undertakings. A trademark may consist of words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of goods or their packaging and any combination of such signs. A sign can be registered as a trademark only when it is capable of being represented graphically. Once a trademark is registered, the applicant has the right to exclusively use such trademark in respect of such goods and services.

Differences between Trademark Protection and Company Registration

The registration of company names, business names and Trademark in Hong Kong Special Administrative Region is subject to different laws and rules and regulations. The registration of company names shall be handled by the Companies Registry, the registration of business names shall be handled by the Business Registration Office of Inland Revenue Department, and the registration of Trademark shall be handled by the Trade Marks Registry. The registration of business or company names does not represent the right of using such names as its trademark.

The Right of Priority of Trademark Registration

Where an applicant has applied to Paris Convention countries or WTO members for registration of the same trademark for the same merchandises or services within 6 months before the day on which it files an application, it may enjoy the right of priority of trademark registration. The applicant may also indicate different dates claiming to enjoy the priority in respect of different merchandises or services.

Matters to be Noted for Trademark

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