You can choose to register a trademark under the Trade Marks Ordinance (Cap. 559). There are many benefits of registering a trademark:
- It gives you the exclusive right to your trademarks: When you have registered your trademark at the Trade Marks Registry in Hong Kong, you will be given a Trademark certificate to prove that you own the trademark. You will then have the right to use your trademark in dealing and promoting your business’ goods and services.
- It allows you to take legal action against someone who has infringed your right: If someone uses your trademark in Hong Kong without your consent, it is easier for you to take legal action against them if your trademark is registered. Having your trademark registered also prevents other businesses from registering the same trademark on your business’ related goods or services and prevents other companies from registering a nearly identical trademark to take advantage of your goodwill and reputation.
- It gives you the right to use the ® symbol: If you have registered your trademark, your business can use the ® symbol next to its trademark, which can warn others against using your trademark. However, if your trademark is unregistered and you use the ® symbol next to it, you may have committed an offence.
- It reduces your worries: Having registered your trademark, you will feel safer about the protection of your trademark and you will not be worried about infringing someone else’s trademark unintentionally.
- It makes your trademark become the most valuable asset of your business: As registering a trademark distinguishes your business from other competitors and symbolises your business’ goodwill and reputation, it can be used in making valuation of your company, particularly in Initial Public Offering cases and in Mergers and Acquisitions cases.
- It allows you to licence your trademark to another person: You can then earn royalty from them.
If you do not register your trademark, it will be harder to prove that you are the trademark’s owner when there is a dispute. Hence, your protection will be limited.