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How to Create a Distinctive Trademark in Hong Kong

Updated on Wednesday 07th September 2016

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How-to-Create-a-Distinctive-Trademark-in-Hong-Kong.jpgCreating an original trademark is important for the present and future success of a business in Hong Kong. Consumers will be influenced by reputation and image the company has created for itself and they will recognize the attributes of the business based on the manner in which that company conveys its brand and products.
 
Investors need to create a distinctive trademark in Hong Kong in order to differentiate their products from others on the market. Moreover, the Hong Kong trademark law requires companies to use only original trademarks and logos. 
 

How is a trademark original?

 
A trademark should be able to communicate the brand value and qualities to the general customer or audience. It can be a design that will become attributed worldwide with that single brand or it can be a word. The trademark helps the company position itself on the market and be easily perceived and recognized by its customers. 
 
A distinctive trademark for a company in Hong Kong can have the following characteristics:
- be easy to spell, pronounce and remember in any language,
- adaptable for usage across various media,
- suggestive towards one or more attributes of the company,
- it should not be confusing and not have any adverse meanings (including, if possible, in other languages).
 
Investors who choose to design their trademark should avoid some of the following:
- use too common geographical names or common names,
- use indicators of the value of the services or time needed for delivery,
- provide false information to the public or give the impression that the company is, in fact, delivering different services.
 
In certain special cases, when a foreign company wishes to use its trademark on the Hong Kong market and it does not observe these rules exactly, the company may still receive permission to use its distinctive trademark if it can prove that that trademark has already gained market recognition through extensive use in other markets.
 
The distinctiveness of the trademark can be based on a unique concept or idea and it does not have to be an actual word. Invented words that are easy to remember can also become a trademark and many companies have used them worldwide. 

The next stept after you create an original trademark for your company is to protect it by registering it with the responsible authority. Our Hong Kong company formation experts have helped many investors with the trademark registration procedure. 
 

How to register a trademark in Hong Kong?

 
All trademarks in Hong Kong are registered with the Trade Marks Registry. Before applying for registration, individuals should first perform a trademark search (offered by the Registry) in order to verify if any identical or similar trademarks are already registered in Hong Kong.
 
An application fee is payable upon registration and the applicant will need to fill in a special form and provide any graphic designs for the chosen trademark. A trademark can be a word (including a name), a design, letter or character, shape, figurative element, colour or sound, etc.
 
If you would like to know more about the trademark law or need specialized counselling for registering a trademark you can request the services of our Hong Kong company formation agents.
 
 

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