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Intellectual Property Links |
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► Fax:
+86 20 37884462 |
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Currently, China Intellectual Property Agency
(H.K.) has established cooperation in Intellectual Property
field with many patent and trademark service-related firms all
around the world. Our
attorneys or agents are committed to helping establish, maintain
and protect our clients' Intellectual Property rights by
providing the expertise to reach practical and cost-effective
solutions,regularly preparing and filing national trademark
applications in the corresponding trademark receiving office in
foreign countries or regions including the United States of
America, Canada, Hong Kong, or Japan ,etc. thus enabling our
clients to obtain global protection of their marks.
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►
Contact us to
file a Hong Kong Trademark |
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To
underline the commitment of intellectual property protection,
The Government of the Hong Kong Special Administrative Region
(SAR) established the Intellectual Property Department on 2 July
1990. Registration of trademark in the Hong Kong SAR is governed
by the Trademarks Ordinance and Rules(Cap. 559 and 559A)
(effective 4 April, 2003). Registering your trademark means that
you have the exclusive right to use the trademark in relation to
the goods and services for which the mark is registered. |
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If other
traders use it in Hong Kong, China in relation to the same or
similar goods or services without your consent, they may be
liable for infringement of your trademark and you may take legal
action. If you do not register your trademark, you may still use
it but it is harder to prove that you are the “owner” of the
mark and as such your protection is limited. |
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►
Contact us to file a U.S.A
Trademark |
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A trademark is
a word, phrase, symbol or design, or a combination of words,
phrases, symbols or designs, that identifies and
distinguishes the source of the goods of one party from
those of others. A
service mark is the same as a trademark, except that it
identifies and distinguishes the source of a service rather
than a product.
The application should
include your "basis" for filing. Most U.S. applicants base
their application on their current use of the mark in
commerce, or their intent to use their mark in commerce in
the future. |
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For the purpose of obtaining federal
registration, "commerce" means all commerce that the U.S.
Congress may lawfully regulate; for example, interstate commerce
or commerce between the U.S. and another country. "Use in
commerce" must be a bona fide use of the mark in the ordinary
course of trade, and not use simply made to reserve rights in
the mark. |
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►
Contact us to
file a Canada Trademark |
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A trade-mark is a word, symbol or
design, or a combination of these, used to distinguish the goods
or services of one person or organization from those of others
in the marketplace. There
are three basic types. Ordinary marks are words and/or symbols
that distinguish the goods or services of a specific firm.
Certification marks identify goods or services that meet a
standard set by a governing organization. Distinguishing guise
identifies the shaping of wares or their containers, or a mode
of wrapping or packaging wares.
Companies, individuals, partnerships, trade unions or lawful
associations, provided they meet the requirements of the
Trade-marks Act can register a trade-mark. A registration is
valid for 15 years and is renewable every 15 years thereafter
upon payment of a fee.
Trade-mark registration usually
involves:
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a preliminary search (done by you or
your agent) of existing trade-marks;
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an application;
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examination of your application by
the Trade-marks Office;
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publishing of the application in the
Trade-marks Journal;
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time for opposition (challenges) to
the application; and
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allowance and registration (if there
is no opposition). |
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►
Contact us to
file a Japan Trademark |
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Any person desiring trademark
registration is required to submit a request to the
Commissioner of the Patent Office stating the
following. ►
the name and residence of
the applicant and, in case of a legal entity, the name
of an officer entitled to represent the applicant;
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the trademark for which
registration is sought;
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the designated goods or
designated services and the class of goods or services
as prescribed by Cabinet Order Registration of Marks.
The term of a trademark
right shall expire 10 years from the date of
registration of its establishment. The term of a
trademark right shall be renewed by a request for
registration of renewal.
A request for
registration of renewal must be made within six months
prior to the date of expiration of the term. However, if
the owner of a trademark right is unable to make a
request within the time limit, he/she can make such a
request belatedly within six months from the expiration
of that time limit if he/she pays the surcharge
registration fee. |
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