A trademark is any sign which allows for a company’s products or services to be easily recognized and distinguished from its competitors.  Such a sign can be in words, designs, letters, characters, colours, sounds, smells, shape of goods, packaging, or a combination of the above.  Trademark registration entitles the owner of the trademark to use it exclusively in relation to the specified goods and services for which the mark is registered.  Another’s use of the trademark without the owner’s consent could make him or her liable for damages.

The application process to register a trademark is often considered straight forward, however, three complications should be noted.  First, each distinct mark involves a separate registration so each variation of a company name, logo or slogan would require submitting a separate application if each variation was to be protected.

Second, for registration purposes, a trademark is applied to goods and services according to a classification system established by the international protocol: currently over 45 classes have been agreed and organised. Consequently, every mark requires a separate application for protection under each class claimed.

Finally, registration in Hong Kong only protects the trademark in Hong Kong.  Protection in Mainland China, Macau and other jurisdictions requires distinct applications in each respective jurisdiction. Weir & Associates advises our clients to therefore decide which marks are truly worthy of registration and in which markets protection should be sought. 

Weir & Associates has expertise in assisting clients with processing trademark registrations. Our firm’s lawyers are qualified in multiple jurisdictions including Hong Kong, and the Asia Pacific Region, while our international affiliates and associations give us a global reach. Using our associations and worldwide network of law firms, we can coordinate trademark registration throughout the world.