Some Knowledge About Trademarks

What is trademark?

A trademark is a sign used to identify goods and services of different merchants.

Trademarks can be made up of words (including personal names), signs, designs, letters, words, figures, graphic elements, colors, sounds, odors, shapes or packaging of goods, and any combination of the above signs.

Trademarks that can be expressed by writing or drawing can be registered as trademarks.

Why do you want to apply for trademark registration?

Once your trademark is registered, you may have the exclusive right to use the trademark for the relevant goods and services.

If other merchants do not agree with you on the same or similar goods or services used in Hongkong in the case of infringement, you may take legal action on this.

If the trademark is not registered, it will be more difficult to prove that you are the owner of the trademark. You have limited protection.

What is the meaning of the trademark "TM" and "R"?

What conditions should be met before it can be used?

The "TM" symbol represents a trademark, indicating that the brand or trademark is a sign that can be used to identify products or services. This symbol can be used for unregistered and registered trademarks.

"R" is a trademark that has been registered. According to the existing legislation in Hongkong, the "R" symbol can not be used for unregistered trademarks.

What is a certification mark?

It refers to the control of an organization that has the ability to supervise a commodity or service, and the use of its goods or services by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Such as leather logo, pure wool logo, electrician logo and so on.

What is collective trademark?

Collective trademarks are registered by associations, associations or other cooperative organizations, which are used to indicate the identity of the organization and its members. Members of their organizations are used on goods or services to distinguish goods or services provided by non members, which is called collective business mark.

What is the purpose of collective trademarks?

Registration and use of collective trademarks are conducive to the joint operation of small and medium-sized enterprises, promoting their intensive operation, forming competitive sales channels in the market, promoting product and trademark publicity, and promoting scale operation.

What is the regionality of trademark right?

The regionality of trademark rights refers to the right to which countries can only be protected in that country, and other countries do not recognize their rights.

What is the international registration of trademarks?

Because trademark rights are regionally characterized, there are two ways to protect their trademarks abroad: first, registration by one country, namely, registration directly with the relevant countries; two, international registration of trademarks, and application for territorial extension to the countries concerned.

How long is the validity period of a registered trademark?

According to the provisions of the trademark law, the validity period of a registered trademark is ten years, counting from the date of approval.

Six months before the expiry of the validity period, the renewal and renewal fee can be renewed, and the validity period of each renewal is still ten years.

There is no limit to the number of renewals.

If no application is made within this period, a 6 month extension period can be granted.

If there is no renewal of registration within the extended period, the Trademark Office will cancel its registered trademark and announce it.

What is the exclusive right to trademark?

It refers to the state's legislative norms of giving trademark registration applicants exclusive rights to trademarks and protecting them according to legal procedures, in accordance with the purpose of trademark legislation and in accordance with statutory procedures.

The exclusive right to trademark includes two aspects: the right to use trademark and the right to prohibit trademark.

(1) the right to use the trademark refers to the right of the trademark owner to use his registered trademark on the commodities approved by the trademark office or on the service items.

(2) trademark prohibition means that the owner of a trademark can prohibit other units or individuals from using the same or similar trademarks with their registered trademarks without permission from the commodities or service items that are identical or similar to the approved commodities or service items.

What are the characteristics of exclusive right to trademark?

(1) trademark right is a right recognized by the state; only one institution in a country has the right to accept, examine and approve trademark rights.

(two) trademark right is exclusive.

It is also called monopoly or monopoly.

(three) trademark right is regional.

A trademark approved by a country is valid only in the territory of the country and is not effective for other countries.

(four) trademark right has timeliness.

In China, the validity period of a registered trademark is 10 years. After the expiration of the validity period, if the trademark owner wishes to continue to use and be protected, he must complete the renewal process and pay the fee within six months before the expiration.

There is no limit to the number of renewals.