A new Trade Marks Ordinance became law in Hong Kong on Friday,
4th April, to simplify the procedure and reduce to cost for
registering trademarks, to extend what can be registered, and to
increase the protection available to the owner.
The definition of a trade mark used to be limited to marks that
are "visually perceptible." Under the new Trade Marks Ordinance
(Cap. 559), the definition is a sign which is capable of
distinguishing the goods or services of one undertaking from those
of other undertakings and which is capable of being represented
graphically.
This is similar to the definition applied in the UK – where a
trade mark means "any sign capable of being represented graphically
which is capable of distinguishing goods or services of one
undertaking from those of other undertakings."
The extension allows for the registration of distinctive sounds
and smell marks which are graphically represented, already
permissible in UK law.
The application fee will be reduced to HK$1,300 (around £106)
for a single class, each additional class costing HK$650 (£53).
