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Hong Kong Trademark Law

Update Date:2022-8-8 17:05:55     Source:www.3737580.com     Views:803

Hong Kong Trademark Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com

The applicable trademark law of Hong Kong incorporates the Trademarks Ordinance Cap. 559 and the Trademarks Rules Cap. 599A, both effective on 4th April 2003. The legislation for trademark regulation and protection is completely different to the legislation adopted in China. The Trademarks Ordinance 559 replaced the Trademarks Ordinance 43.


The new law introduced various changes to the scope of a Hong Kong trademark including; reducing the period of revocation on grounds of non use from 5 years to 3 years. Some of the additional changes to the Law include;
1) The definition of a Hong Kong trademark has been extended to include smells, sounds and single colours.
2) The application of a trademark may now include several classes of goods/services.
3) The previous validity period of a Hong Kong trademark was 7 years, now increased to 10 years.

Under Hong Kong trademark law, where the registered trademark has not been used in a genuine manner for a minimum of 3 consecutive years post its registration, the mark may be revoked. Only where the reason for non-use can be reasonably explained may the rights of a trademark remain the property of the owner.

 

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