Renewing your trademark registration before it expires is an important step for any business or individual to continue using the trademark in Hong Kong. It also ensures the protection of your brand/ logo to carry on.
In this article, we will explain in details the process of renewing a Hong Kong trademark, and at the same time provide you with some tips to help trademark owners on successfully completing the renewal procedure.
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What a Trademark is?
Before delving into the details of trademark renewal in Hong Kong, let us revisit the definition of a trademark.
A trademark is a symbol, word, graphic design etc. that identifies and distinguishes a provider of certain products or services from other providers. Simply speaking, it is a brand name or logo that a business uses to provide specific products or services. Businesses use trademarks to establish brand awareness and unique identities in the market, allowing customers to recognise, memorise and build trust on the brands. Besides, and most importantly, a registered trademark allow the owner to exclusively use it for its products and services accordingly.
Trademark Registration and Renewal in Hong Kong
In Hong Kong, applications for trademark registration are handled by the Intellectual Property Department (IPD). Once a trademark is registered, the owner will have the exclusive right to use the trademark for the products/services designated in the trademark application. Hong Kong trademarks are valid for 10 years and must be renewed before they expire, in order to remain valid. Once a renewal is successful, the validity period of the trademark registration will be extended by 10 years from the previous expiration date, and can be renewed every 10 years.
Fee and Procedure of Trademark Renewal in Hong Kong
The procedure for renewal is relatively straightforward, when compared to trademark applications.
Renewal before Expiration
A trademark owner should file a renewal application to the Hong Kong Intellectual Property Department within 6 months before the expiry date.
- Official Fee for Renewal(Within 6 months before expiration)
First Trademark Class: HK$2,670
Each Additional Class: HK$1,340
Renewal after Expiration
If no renewal application is filed within 6 months before the expiry date, the trademark owner can still renew the registration in the way of paying a penalty fee, together with the renewal fee.
- Official Fee for Renewal(6 months after expiration)
First Trademark Class: HK$3,170(Inclusive of the penalty fee of HK$500)
Each Additional Class: HK$1,340
The trademark can still be renewed no later than within 1 year after the expiration. After that, the trademark registration will be removed.
Procedure on Hong Kong Trademark Renewal
- Step 1:Confirm the Expiry Date
Before filing a renewal application, the trademark owner should pay attention to the expiry date of the registration. The expiry date can be found on the Trademark Certificate, or online on the official trademark database of the IPD.
- Step 2:Prepare for Filing the Renewal Application
The following information are needed for filing a renewal application:
Registration number of the trademark to be renewed
Trademark owner's name and address
Trademark class(es) and the descriptions of goods and services of the registration
And of course, the fees for renewal.
- Step 3:File the Renewal
A trademark renewal can be filed to the IPD through paper form or online. Fees for renewal are required to file at the same time.
- Step 4: Renewal Confirmation Notice
Once the IPD approves the renewal application, it will issue a confirmation notice on the renewal. The trademark registration will then be renewed for an extra 10 years.
Please be aware that no new trademark registration certificate will be issued after renewal.
Tips for Successful Trademark Renewals
The tips below can help you to renew your registrations smoothly:
Pay Attention to the Expiry Date:You should monitor closely the expiry date of your registration, in order to avoid missing out the time for renewal.
Ensure the Correspondence Address is Updated:After 10 years of registration, many companies might have already moved to new addresses, which are different to what were recorded in their trademark registrations 10 years ago. Not notifying the IPD on the change of address might render the official reminder letter on renewal failing to deliver to you, thus making you missing the expiry date.
Seek Professional Advice:If you have any question regarding renewal of trademark registration, you can consider seeking help from a professional trademark agency.
Actualis' Professional Trademark Services
Trademark renewal is crucial to maintain your registration and your trademark exclusive right. If it is not handled properly, the trademark owner might lose his/her right.
Through our extensive experience and professional knowledge, we are capable to handle your trademark renewals for you, with an incredibly affordable fee and without hassle.
Our discounted fee for our professional renewal services are as follows:
Renewal for one trademark class: HK$3,100(Inclusive of Official Fee of HK$2,670)
Renewal for each additional class:HK$1,600(Inclusive of Official Fee of HK$1,340)
You can click here to learn more about our fee schedule.
Should you have any question, please do not hesitate to contact us for a complimentary consultation. We can be reached through email (ip@actualisip.com) or Whatsapp/telephone (+852 9545 3177).