Trademark rights are territorial in nature, meaning that when you file for a trademark registration, it is effective only in the country where you applied. If you wish your mark to be protected in other countries, you must file in each such country.
What happens if you do not register your trademark, and you find out that someone is using an identical or similar mark? Without a trademark registration, you cannot file for trademark infringement. You do have some protection in common law countries in the form of an action for "passing off." This is a costly and difficult legal action to pursue, where the accusing party has to show reputation in his mark; misrepresentation on the part of the defendant; and damages. This remedy is not available in civil law jurisdictions such as Latin American countries.
Trademark Registration Procedure
When filing an application to register a trademark you must specify the goods and/or services for which the trademark is used. For this purpose, goods and services are divided into classes. For example, if you want to register a mark for watches you should apply in class 14. Please visit our 'Know your class' section for more details.
Applications are initially checked for certain formalities, and then proceed to an examination stage. The time it takes for review and examination of an application varies greatly from country to country. In many countries, it takes about eight months to one year.
Once an application is approved, it is published in an official publication, usually referred to as a gazette, for opposition. The period of opposition is one to three months, depending on the country. During this time, anyone with a similar mark can file an objection which, if not amicably settled, results in a hearing with evidence submitted before the designated tribunal of the government registry. If no opposition is filed, the application proceeds to registration. It may however be noted that in many countries there is no procedure for opposition.
Logo Design
We have a group of talented and creative designers specifically chosen for their leadership and experience in the field. Please feel free to discuss with our service executives to view examples of the work. You can browse through the marks they have designed to the specifications of clients. These marks are currently registered and used as trademarks.
If you would like a logo designed you may simply give us an idea about the words you would like to use and any ideas you may have for the design. Or simply tell us your business and our designers can create and customize a suitable, unique and attractive logo design to meet your marketing needs and corporate image. We realize that corporate image is the first important step towards building business competitiveness.
Remark
If you cannot find the information you require, or if you need any more details, please feel free to call our offices or contact us e-mail.
Hongkong | Tel : +852-2537 7886 | Add : 5/F Manulife Place, 348 Kwun Tong Road, Kowloon, Hong Kong SAR |