Amendment of Trademark applications and Registrations in Hong Kong

03.15.2021

Amendment of Trademark applications
Soon after submitting an application for trademark registration, the representation of the trademark and its particular information are entered into the official database and can be searched online. It is crucial for the applicant to accurately list out what are applying for in the application form so that the data can then be accurately entered into the database. Amendments are only allowed in very limited circumstances. The idea is that, from the date when the application is filed, the details of the application should be correct. It is not in the public interest to allow the applicants to subsequently change the content of their applications. An applicant can always re-apply freshly for a slightly different trademark application.

Amendment Types
The types of application amendments that may be allowed are:
1. Add the representation of a registered trademark to the representation of a subsequent trademark application.
2. Restrict the goods or services covered by the application.
3. If the specification lists goods or services by referring to one or more classes to which the goods or services do not belong, the applicant may file a request to modify the application to correct the one or more classes accordingly.
4. Add disclaimers, restrictions or conditions.
5. Withdrawal of priority claims.
6. Amendments for correction purposes:
-The name or address of the applicant;
-Wording or copying errors; or
-Obvious mistakes,

But only if the correction does not materially affect the identity of the mark or the goods or services in the application.

Amendment of Trademark Registrations
Only registered trademarks containing the name or address of the owner can be amended. Amendment can only be made to the name or address, and the changes must not materially affect the identification of the trademark.