HONG KONG
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered.
International Arrangements
Convention priority can be claimed.
Renewal
For marks applied for before 4 April 2003, the initial term is 7 years from the application date. For marks applied for on or after 4 April 2003, the initial term is 10 years from the application date less one day. In both cases, each subsequent renewal term is 10 years.
Use Provisions
Non-use of a mark for a period of 3 years from registration renders it open to an action for cancellation by third parties.
Patent information
Types of Patent
Standard patent (based on Chinese, UK or EP(UK) patent) or short-term patent (independent).
International Arrangements
Convention priority can be claimed in the case of short-term patents.
Duration
Short term patents - 4 years from the filing date, renewable for a further 4 years;
Standard patent - 20 years from the effective filing date (i.e. the filing date of the parent patent), subject to the payment of renewal fees.
Renewal
Annuities are due annually, calculated from the effective date of the patent (i.e. the filing date of the parent patent). The first annuity which becomes payable is that which falls due on the third anniversary of the first effective date occurring after the Hong Kong grant date.
design information
Types of Design
International Arrangements
Convention priority can be claimed.
Duration
25 years from the filing date, subject to the payment of renewal fees at five-yearly intervals.
Renewal
Renewal fees are payable every 5 years from the filing date.