Sino-Australia Accounting offers professional trademark registration and patent application services
Trademark registration and patent application
Why choose us for handling patents and trademarks in Hong Kong?
✅ Local professional team in Hong KongFamiliar with the examination standards of the Hong Kong Intellectual Property Department
✅ Value-added by CPA:Patent/trademark costs can be deducted from corporate taxes
✅ Success rate guaranteeOver the past three years, the trademark registration success rate has reached 98.7%
✅ Bilingual servicesProfessional writing of bilingual documents in Chinese and English that meet government requirements
Registered trademark
Trademark Registration Application Process in Hong Kong
Trademark Search
Before submitting an application, it is advisable to conduct a trademark search to determine whether the intended trademark is identical or similar to trademarks that are already registered or currently under application by others, in order to reduce the risk of rejection. Based on the results of the trademark search, applicants can assess whether to proceed with the application for that trademark or make modifications or adjustments according to the search results. Additionally, the Hong Kong Trademark Registry offers an official search service that provides greater accuracy than free search services. For more details, please consult.
Submit Trademark Registration Application
After completing the trademark search, applicants can submit the registration application to the Trademark Registry either on their own or by appointing a legally established trademark agency. The application submission and required documents include:
1)Completed Trademark Registration Application Form
2)Clear Trademark Design
3)Submit the priority document within three months from the application date.
Examination
After submitting the application, the Trademark Registry will conduct both formal and substantive examinations of the trademark. The formal examination primarily checks whether the application is properly completed, whether the trademark design meets specifications, and whether the supporting documents are complete. The substantive examination mainly reviews whether the trademark violates the provisions of the Trademark Ordinance, whether it possesses distinctiveness, and whether it is identical or similar to others' trademarks.
Publication and Registration
After the trademark application has passed the examination, the Trademark Registry will publish it in the Hong Kong Intellectual Property Journal. Anyone can view the applicant's trademark in the Hong Kong Intellectual Property Journal and may oppose the registration application within three months from the publication date. If no opposition is raised by the end of the publication period, or if any opposition is found to be unfounded by the Trademark Registry, the trademark will be registered and a trademark registration certificate will be issued by the Registry. In favorable circumstances, the time from receiving the application to approving the trademark registration can be as short as six months.
The following is the trademark registration process:
Trademark Search (according to the Trademark Registry's progress) - Submit Application - Formal and Substantive Examination (3-6 months) - Publish Application (3 months) - Registration
Trademark Validity Period and Renewal
The trademark registration is valid for 10 years from the application date.
After the validity period expires, the trademark registrant typically must handle the renewal procedures within the 6 months prior to expiration. If unable to do so during this period, they can still apply for renewal within a 6-month grace period after expiration, but must pay a late fee. If no renewal application is submitted by the end of the grace period, the Trademark Office will delete the registered trademark. In this case, requests for restoration and renewal must be made within 6 months from the deletion date and must include payment of the restoration and renewal fees.
Patent registration
There are two types of patents in Hong Kong
Standard patents have a maximum validity of 20 years and must be renewed annually after the third year
Short-term patents have a maximum validity of 8 years and must be renewed once after the fourth year.
Types of patents |
Short-term patent |
Transcription standard patent |
Original standard patent |
Apply directly in Hong Kong? |
yes |
Original standard patent (designated patent) that must be applied for simultaneously in China, the UK, or the EU |
yes |
Maximum period of effective protection |
8 years |
20 years |
20 years |
Expected approval time |
Approximately 6 months |
Depending on the circumstances, it takes approximately 2-3 years, or 6 months after the approval of the designated patent |
2-3 years |
Advantages |
Faster approval with lower costs |
A more secure patent right with a longer protection period |
A more secure patent right with a longer protection period |
Disadvantages |
The legality is |
It is time-consuming There is a risk of patent application rejection |
It is time-consuming There is a risk of patent application rejection |
Patent application process
Hong Kong short-term patent:
Specification writing (30 days) -> Submit application -> Request a search report from the China Patent Office (30 days) -> Submit search report -> Publication and registration of patent (6 months) -> Substantive examination (optional)
Hong Kong original grant standard patent
Specification writing (30 days) -> Submit application -> Formal examination -> Publication -> Substantive examination -> Patent registration
Hong Kong re-registered standard patent:
Phase 1 - Request for recordation - This request must be made within 6 months after the publication of the patent that has been filed with a designated patent office (such as in China, the EU, or the UK)
Phase 2 - Request for registration and grant - This request must be submitted within 6 months after the publication of the record request in Hong Kong or after the designated patent authority grants the designated patent
Required information/documents:
- Bibliographic information, such as the name and address of the applicant, and the name and address of the inventor. Note: The applicant will be the owner of the patent
- Patent specification.
– 優先權文件, 如適用。
Sino-Aus服務優勢
✨ CPA+IP綜合建議:
-
商標註冊費用可計入公司「無形資產」攤銷
-
專利研發支出享300%稅務扣減(香港《稅務條例》第16條)
常見問題Q&A
Q1:香港商標能否在中國大陸使用?
➔ 不能!需單獨在中國申請(我們可協助對接大陸代理)
Q2:沒有香港公司可以申請香港專利嗎?
➔ 可以!個人或海外公司均可申請,但需指定香港通訊地址(我們可提供)
Q3:商標被異議怎麼辦?
➔ 我們提供異議答辯服務,費用可以Contact Us取得報價