May 18, 2022 | Beware of Trademark Squatting in Hong Kong

Beware of Trademark Squatting in Hong Kong

Before entering a potential target market, it is highly recommended to make sure that the exclusive rights of an enterprise’s valuable trademark are adequately protected in the region in advance. The recognition and acquisition of trademark exclusive rights are generally governed by different laws and regulations of different countries/ regions, including the first to register principles, the first to use principles or the mixed principles. The first to register principle determines the ownership of the trademark right according to the order in which the trademark is registered – regardless of whether the trademark has been used or not, the first applicant will normally be granted the exclusive right to use the trademark. Therefore, a trademark application/ registration certificate is a generally accepted legitimate evidence that forms a trademark exclusive right. Corresponding to this is the principle of first to use, that is, the party conducting first commercial use of a trademark in the country/ region will enjoy the exclusive right to it. Currently, most countries/ regions adopt the first to register principle to obtain and confirm trademark exclusive rights, including China and Hong Kong.