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Hong Kong - New Trademark Law

A new trademark law went into effect in Hong Kong on April 4, 2003. The principal features of the new law are outlined below.

1. The definition of a mark has been broadened to include smell marks, sound marks and single color marks.

2. The distinction between Parts A and B of the Register has been abolished and a single Register created.

3. An application may include several classes of goods and/or services.

4. The term of a registration has been increased from 7 to 10 years, and will be renewable for additional 10-year periods.

5. The practice of requiring identical or similar marks covering the same or similar goods or services to be associated has been discontinued.

6. The term for filing an opposition has been increased from two months to three months from publication.

7. Disclaimers may be offered by an applicant voluntarily.

8. A letter of consent or coexistence agreement is now binding on the Registrar.

9. The period for cancellation of a mark based on non-use has been reduced from five years to three years.

10. Special provisions have been introduced to protect well-known trademarks.

11. Collective marks may be registered.

12. Use of a trademark for comparative advertising does not constitute infringement.

13. Parallel imports are permitted and will not constitute infringement.

14. Groundless threats of trademark infringement may be subject to injunction and damages.


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