Brief Introduction Of The Three Year Non Registration Procedure For The Registration Of Trademarks In Hongkong

I. cancellation of contents

In Hongkong, the application of a standard multi class system can be applied to all or part of the categories registered in one or more categories, or all or part of the goods or services in a category.

Generally speaking, the calculation not used for three consecutive years is not less than 3 years based on the "actual registration date".

But this is not the only calculation standard. Hongkong also provides for the resumption of use.

That is, after the expiration of the three year period, the owner or authorized user of the registered trademark has been used or resumed before the application is revoked. The registration of the trademark shall not be cancelled on the basis of the three consecutive years of no use.

However, within three months after the expiration of the term "three years of no use", if the registered trademark owner is aware that the relevant application for cancellation of registration may be made in the future, it is an exception for the preparatory work to be started or resumed.

1, investigation and evidence collection

The applicant conducts an investigation of the status of the registered trademark to be revoked in Hongkong and collects and maintains evidence.

2, submit revocation application and evidence.

After the investigation and evidence collection is completed, the applicant may decide whether to cancel the application based on the survey results.

If it decides to continue, it may submit relevant revocation application documents to the registry and evidence supporting its application.

For example, evidence concerning the investigation report on the use of trademarks is intended to be revoked.

3, defense and proof

If a trademark owner defends his revocation, he shall submit a counter statement, a proof of use or a reason not to be used within 6 months after receipt of the copy of the revocation application submitted by the applicant.

If a trademark owner fails to submit a counter statement, use evidence or reasons for not using it, it will be regarded by the Registrar as a non objection to the applicant's cancellation application.

4, supplementary evidence and cross examination.

If a trademark owner submits a counter statement, a statement of reasons for using evidence or no use, the applicant may make a statutory declaration to submit further evidence in support of the reasons listed in the revocation application.

Further evidence is not limited to the evidence solely responding to the trademark owner, but the evidence must be submitted to the registry within 6 months after receipt of the above documents by the trademark owner.

In addition, if the above statutory declaration is made outside Hongkong, it shall be notarized.

If the trademark owner has not submitted any documents and if the Registrar does not accept the supporting evidence attached to the applicant at the time of the submission of the application, the registrar will urge the applicant to submit further evidence within 9 months of the submission of the application.

If the applicant does not intend to submit further evidence, he must submit a statement indicating this intention to the Registrar within the time limit.

5, hearing

Unless any party applies for permission to submit further evidence, the registry will prepare a hearing for the cancellation of the application so as to listen to the arguments of all parties.

Any party who intends to attend the hearing may submit a notice of his intention to attend the hearing within 14 days after the specified notice.

Overdue submission may be deemed not intended to attend the hearing.

6, ruling

The Registrar makes the ruling with the foregoing evidence, and delivers a notice of award to each party.

The ruling party may still have to pay the legal cost of the other party.

7, appeal

Either party may appeal against the decision of the director to the court of first instance and the court of appeal. If the court of final appeal permits, further appeal can be made.