Hong Kong To Simplify Trademark Deal Registration

by Mary Swire, for LawAndTax-News.com, Hong Kong

27 March 2006

Hong Kong's Commerce, Industry & Technology Bureau announced on Friday that it plans to simplify the registration of two kinds of trademark transaction, and to clarify certain provisions in the Trade Marks Rules.

The Trade Marks (Amendment) Rules 2006 were gazetted late last week, and will be tabled at the Legislative Council on March 29.

The proposed amendment will simplify the signing requirements of applications for registration of two kinds of trademark transaction - assignments and assents. This will facilitate the provision of electronic services for these transactions by the Trade Marks Registry.

Currently, the rules require applications and notices to register these two types of transaction to be signed by or on behalf of both parties to the transactions or accompanied by documentary evidence to establish the transaction.

The amendment will simplify the requirements by providing that it only needs one person (either the assignor or the personal representative making the assent) to sign the application or registration form. This will simplify the procedures and reduce the time taken for registration.

It also clarifies procedures to be taken by the Registrar of Trade Marks in respect of deficiencies identified in part of the specification of goods or services in an application for registration of a trademark.

Other technical amendments include the way changes to international classification of goods and services are published by the Registrar of Trade Marks and the way documents should be filed with the registrar.

Subject to Legislative Council endorsement, the rules will come into force on May 26.

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