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Trademarking in other countries

Trademarking in other countries
Trademark registration is territorial. In other words, a trademark must be registered in each country where protection is sought. No one single trademark registration can cover all countries.

Convention priority
Within 6 months after the first filing of a trademark application in Hong Kong, which is a member of the Paris Convention, the applicant can file a follow-up trademark application in another member country of the Paris Convention and claim that the earlier application date be the same in respect of the same goods and services.

Advantages of Convention priority application
The advantage of the Convention Priority is that when the examining authority looks for similar and identical trademarks, only those trademarks registered before the earlier filing date can be cited. In other words, any mark submitted by the other party between the earlier filing date and the actual filing date of this application will not be cited against the current application. Since an applicant may not be able to register trademarks in all countries at the same time, claiming convention priority provides a way to prevent malicious registrations that target potential upcoming brand names. Therefore, it is recommended to claim convention priority to ensure successful trademark registrations in other countries.

European Union trade mark
European Union trade mark is one of the distinct trade mark systems, which make it easier for an applicant to register a mark in various countries.

The EU trademark system has created a unified trademark registration system in Europe, which can provide protection in all EU member states through a single registration. The EU trademark registration is enforceable in all EU member states.

The EU trademark system is managed by the EU Intellectual Property Office in Spain.

Features and advantages
By virtue of the power of a single procedure, EU trademarks give their owners uniform rights applicable to all EU member states, thus simplifying the trademark protection at the European level.

Another major benefit of EU trademark is the cost. The initial cost of applying for registration of an EU trademark is much lower than the cost of filing national applications in all EU member states (currently 27).

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Benny Kong & Tsai, Solicitors

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