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Hong Kong Updates Trade Mark Legislation

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

09 April 2003

The Intellectual Property Department of the Hong Kong government announced last Friday that amended legislation designed to simplify the trademark registration process and increase the range of protection available to the mark's owner has passed into law.

'The definition of trade mark is no longer confined to "visually perceptible" marks,' the department announced, continuing: 'The new definition of a trade mark is a sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings and which is capable of being represented graphically (section 3(1)). It is therefore possible to register distinctive sound and smell marks which are graphically represented.'

The application fee has also been reduced to HK$1300 for a single class, with each extra class costing an additional HK$650.

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