IP SERVICE IN Hong Kong

Pay attention
1.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? Trademark office will object to the mark if they do not think it does. They 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.

2. 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 Trademark office are likely to object to the mark. Similarly they are likely to object to the use of geographical name in a mark. For example, they would for the above reasons object to the following marks: “QUALITY HANDBAGS”, “FRESH AND NEW” and “NEW YORK FASHION”.

3. 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 trademark office would object to it. For example “V8” for vehicle engines.

4. 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, Trademark office will object to your mark.

5.Doing 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.