Prime IPR Advisors are experienced Intellectual Property professionals experienced in IP right registrations, including registration of trademarks, designs and copyrights internationally. Our team is headed by a US trained and licensed lawyer and we work with clients to ensure that valuable assets are registered for maximum protection. In addition to Hong Kong, we have a network of affiliates that can help clients register their IP rights internationally.
Our registration services cover four broad areas:
Trademarks
Prime IPR assists global clients register their trademarks. We provide traditional trademark agency registration services such as trademark searches, trademark applications, responses to regulator inquiries, responses to oppositions and transfer and renewal of marks. In addition, we advise clients on structuring their IP holdings for brand building and maximizing revenues from their marks.
Registering a trademark grants the owner exclusive right to use the mark for registered goods or services for which the mark is registered. If someone uses the same or similar mark for the same or similar goods or services without the registered owner's permission, the registration makes it easier for the owner to stop the unauthorized use and to recover damages.
Registration gives the owner an advantage in proving ownership of the mark against such unauthorized use.
In Hong Kong, a trademark may be words, personal names, logos, letters, numbers, characters, designs, shapes, figures, colors, sounds and even smells or a combination of these.
There are certain questions to consider before an owner should consider applying for registration.
Is the trademark distinctive?
A trademark must be different from others. It must set apart goods and services from others. If it does not, the Trade Mark Registry won’t register it.
Is it a description of goods and services?
The Trade Mark Registry won’t register a trademark if it describes the goods and services or shows its quality, purpose, quantity or value. It also cannot be a geographical name.
Is it a well-known term in line of business?
A registered trademark cannot be a term of art used in the relevant industry.
Is it already a trademark used by other people?
If a trademark is the same or looks or sounds similar to another trademark already in use or is registered, it cannot be registered.
Having properly registered trademarks is an important prerequisite in building a brand. We are ready to advise and assist you in the process.
Designs
The owner of products with novel designs may apply for registration before it is marketed in Hong Kong or elsewhere. Registration protects the look and appearance of a product and prevents others from using, manufacturing or selling the same design in Hong Kong. Registration does not protect how a product functions, its features, construction or advantages over other products. Registration simply protects how a product looks.
Only owners may register designs. An owner may be the designer, the one who commissions the creation of the design by others or an employee instructed to create the design. A design must not have been marketed, published, advertised or displayed in public before the application is filed. However, it may be displayed at an official international exhibition within six month of application. Registration of designs offers an owner legal protection. However, to take advantage of the available protection, an owner must coordinate the introduction of the product with the application process. Prime IPR is here to help.
Copyright
Copyright encourages creativity. This right automatically protects content as original work is being created. Copyright protects more than just words in books, articles and other writings. It also protects computer software, musical compositions, artistic works such as paintings, drawings, sculptures, sound recordings, theatrical performance, plays, films, movies, television and radio broadcasts, cable television programs, music and dramatic performances. Briefly stated, copyright gives the owner an exclusive right to copy and distribute protected original content. While Hong Kong does not have a mechanism for registering most copyright, it is helpful to document creation of original content as evidence of originality.
Copyright is registrable in the United States and China to help establish ownership. Prime IPR can assist in such registration.
Patents
Patent gives the owner the legal right to prevent others from manufacturing, practicing, using, selling or importing his invention. Generally, an applicant for a patent in Hong Kong is based on a registration of a patent granted in China, the European Patent Office covering a patent designating the United Kingdom or the United Kingdom Patent Office. The Hong Kong Patent Office does not conduct substantive search and examination of the novelty or inventiveness of the invention.
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