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International Trademark

Similar to Intellectual Property rights, all jurisdictions have different regulations on the right to trademark registration. In addition, this right is also influenced by mutual agreements concluded between certain jurisdictions at the regional or international level.

Each jurisdiction of the world has its own trademark registration process and procedures, so the registration process will cause some problems for applicants. Therefore, governments of many jurisdictions have come to an agreement on the common trademark registration process to simplify the process.

By registering an international level trademark, your business brand will be protected across more than 106 jurisdictions, along with other benefits comes with the registered trademark:

  • Build brand recognition among the global market
  • Defend against competitors’ use of a trademark
  • Monetize the business’s intellectual property
  • Prevent confusion and fraud
  • Protect the business brand value and investment

The Madrid system is an international trademark registration system managed by the International Bureau, a common agreement of more than 106 jurisdictions to facilitate the registration of trademarks in many jurisdictions in the world.

List of jurisdictions that have signed the Madrid Agreement:

  1. Afghanistan
  2. African Intellectual Property Organization (OAPI)
  3. Albania
  4. Algeria
  5. Antigua and Barbuda
  6. Armenia
  7. Australia
  8. Azerbaijan
  9. Bahrain
  10. Belarus
  11. Belgium
  12. Bhutan
  13. Bosnia and Herzegovina
  14. Botswana
  15. Brazil
  16. Brunei Darussalam
  17. Bulgaria
  18. Cambodia
  19. Canada
  20. China
  21. Colombia
  22. Croatia
  23. Cuba
  24. Cyprus
  25. Czech Republic
  26. Democratic People’s Republic of Korea
  27. Denmark
  28. Egypt
  29. Estonia
  30. Eswatini
  31. European Union
  32. Faroe Islands
  33. Finland
  34. France
  35. Gambia
  36. Georgia
  37. Germany
  38. Ghana
  39. Greece
  40. Greenland
  41. Hungary
  42. Iceland
  43. India
  44. Indonesia
  45. Iran (Islamic Republic of)
  46. Ireland
  47. Israel
  48. Italy
  49. Japan
  50. Kazakhstan
  51. Kenya
  52. Kyrgyzstan
  53. Lao People’s Democratic Republic
  54. Latvia
  55. Lesotho
  56. Liberia
  57. Liechtenstein
  58. Lithuania
  59. Luxembourg
  60. Madagascar
  61. Malawi
  62. Malaysia
  63. Mexico
  64. Monaco
  65. Mongolia
  66. Montenegro
  67. Morocco
  68. Mozambique
  69. Namibia
  70. Netherlands
  71. New Zealand
  72. North Macedonia
  73. Norway
  74. Oman
  75. Philippines
  76. Poland
  77. Portugal
  78. Republic of Korea
  79. Republic of Moldova
  80. Romania
  81. Russian Federation
  82. Rwanda
  83. Samoa
  84. San Marino
  85. Sao Tome and Principe
  86. Serbia
  87. Sierra Leone
  88. Singapore
  89. Slovakia
  90. Slovenia
  91. Spain
  92. Sudan
  93. Sweden
  94. Switzerland
  95. Syrian Arab Republic
  96. Tajikistan
  97. Thailand
  98. Tunisia
  99. Turkey
  100. Turkmenistan
  101. Ukraine
  102. United Kingdom
  103. United States of America
  104. Uzbekistan
  105. Vietnam
  106. Zambia
  107. Zimbabwe
FAQs

FAQs

1. What is considered as a trademark under the trademark law of HKSAR ?

A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.

2. Which business opportunity obtains licenses to use a brand name?

The business opportunity that includes obtaining licenses to utilize a brand name is commonly known as diversifying. In a diversifying course of action, a person or company (the franchisee) gets the rights to utilize a brand name, trademarks, commerce demonstration, and working framework of an set up company (the franchisor) in trade for a starting expense and progressing sovereignties.

I. Key Components of Diversifying:

  1. Brand Recognition: Franchisees advantage from the built up brand name, which can pull in clients and give a competitive edge within the advertisement.
  2. Bolster and Preparing: Franchisors ordinarily provide training and back to assist franchisees succeed. This could incorporate help with location determination, showcasing, and operational direction.
  3. Trade Show: Franchisees work their trade concurring to the franchisor's set up commerce demonstration, which has been tried and refined.
  4. Showcasing and Publicizing: Franchisors frequently handle national or territorial showcasing campaigns, which benefits all franchisees beneath the brand.
  5. Starting and Progressing Expenses: Franchisees pay an beginning establishment charge and continuous eminences based on a rate of their deals.

II. Illustrations of Establishment Businesses:

  1. Quick Nourishment Chains: Brands like McDonald's, Metro, and Burger Ruler are well-known illustrations of establishments.
  2. Retail Stores: Companies just Like the UPS Store and 7-Eleven offer diversifying openings.
  3. Service-Based Businesses: Numerous benefit businesses, such as Molly Servant (cleaning administrations) and H&R Piece (charge administrations), work as establishments.

III. Benefits and Challenges:

1. Benefits:

  • Set up Brand Name: Moment acknowledgment and client dependability.
  • Demonstrated Trade Model: Diminished hazard of disappointment with an attempted and tested trade demonstration. Preparing and Bolster: Persistent back and preparing from the franchisor.

2. Challenges:

  • Introductory Costs: Tall starting speculation and progressing sovereignties.
  • Restricted Control: Franchisees must follow the franchisor's rules and rules.
  • Legally binding Commitments: Official understandings that can constrain adaptability and require adherence to strict operational standards.

Diversifying may be a prevalent business opportunity that permits business visionaries to use the victory of a built up brand name whereas working their own trade. In any case, it requires cautious thought of the budgetary and operational commitments included.

3. What are the benefits of registration of a trademark ?
Registration of a trademark will give the owner of a trademark the right to prevent third parties from using his mark, or a deceptively similar mark, without his consent for the goods or services for which it is registered or for similar goods or services. For unregistered trademarks, owners have to rely on common law for protection. It is more difficult to establish one's case under common law.
4. What trademark can be registered ?
  1. the name of a company, individual or firm represented in a special manner;
  2. the signature (except in Chinese characters) of the applicant;
  3. an invented word;
  4. a word that is not either descriptive of the goods or services for which the trademark is used or is not a geographical name or is not a surname; or 
  5. any other distinctive mark. 
5. Who can register trademark in Hong Kong ?
There is no restriction on the nationality or place of incorporation of the applicant
6. How long will my rights be protected?

The protection period of a trademark when registered will last for a period of 10 years and can be renewed indefinitely for successive periods of 10 years.

7. What information and documents are required for filing an application for a trademark?
  1. the name of the applicant
  2. the correspondence or registered address of the applicant
  3. a copy of Hong Kong Identity card or passport for individual applicant; a copy of business registration certificate or Certificate of Incorporation of the applicant;
  4. a softcopy of the proposed mark;
  5. desired class of registration or details of goods or services within those classes which are traded. 
8. Who can register trademark?

There is no restriction on the nationality or place of incorporation of the applicant.

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