Trademark Registration

Trademark Registration

1. Q： What is the duration of registered trademark?
   A： According to trademark law, the duration shall be ten years from the date of approval.
2. Q： What are the differences between the packaging and presentation of trademark and commodity?
   A： Packaging and presentation of trademark and commodity are partly the same; for example, trademark is part of the packaging and presentation of commodity, which two are both used in the packaging of commodity, and partly different; for example, trademark is to differentiate one producer or operator of commodity from another, while presentation is to beautify commodity; registered trademark cannot be altered, but presentation is free to change design style.
3. Q： What are the characteristics of trademark?
   A： Trademark has the following characteristics:

   • Trademark is a mark differentiating its commodity or service from others
   • Trademark is formed by words, graphics, letters, figures, 3D symbols or colors, and can also be mark ed as combining a fore mentioned elements
   • Trade mark is exclusive. Trademark holder has exclusive right to its trademark, protected by law
   • Trademark is an intangible asset, the value of which can be determined by assessment. A fter trademark holder's consent, the using rights of trademark can be transferred to others. The trademark holder may entitle profits by transferring the using rights of trademark.
4. Q： What information needs to be submitted in order to register Hong Kong trademark?
   A： Information to be submitted as follows:

   • Copy of applicant's ID card or passport, or (applicant being corporation) copy of applicant's business registration certificate and certificate of incorporation
   • Applicant's address
   • Pictorial trademark
5. Q： What's EU trademark?
   A： EU trademark is valid in EU members, totaling 25 countries, including: U.K., Germany, France, Italy, Belgium, Luxemburg, Denmark, Sweden, Spain, Portugal, Finland, Greek, Austria, Netherlands, Ireland, Cyprus, Czech, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. EU trademark is a single property, which can only be transferred as property of the whole EU instead of a sole member. Once EU trademark is registered, it's not necessary to apply to each EU member one by one.
6. Q： What marks can not be registered as trademark?
   A： The following marks shall not be used as trademarks:

   • Mark identical or similar to name, national flag, national emblem, army flag, and medal of a country, as well as mark identical to name of particular place where state organs locate or name and graph of landmark buildings
   • Mark identical or similar to name, flag and emblem of an international organization
   • Mark identical or similar to official mark and hallmark indicating implementation of control and security, other than authorized
   • Mark of ethnic discrimination
   • Mark of high sounding publicity and fraud
   • Mark coherent to generic name, graph and type of commodity (such as computer, pen, portfolio)
   • Mark directly indicating quality, major raw materials, function, purpose, weight quantity and other characteristics of commodity
7. Q： Does trademark transfer need agreement?
   A： Yes. It only needs presentation of a copy of application executed by both.

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