Three-dimensional TrademarksMay 2019 |
| Three-dimensional trademarks (3D Trademarks) or shapes which are capable of distinguishing the goods and services of one trader from others have been registrable as trade marks in Hong Kong since 1996. |
| Benefits of Three-dimensional Trademarks |
| While it is possible to register a three-dimensional shape as three-dimensional trademark and as an industrial model or design at the same time, so far as the requirements for each type of protection are complied with. |
| One of the benefits of protecting 3D Trademarks is that the protection of the mark is perpetual because it can be renewed as many times as needed, while in most jurisdictions, the protection period offered to industrial design can only be up to 25 years. |
| Besides, even if a product design is already on the market and is no longer eligible for industrial design registration, then it is still an attractive option to register it as a 3D Trademark. |
| Grounds for Refusal of 3D Trademarks |
| However, Three-dimensional shape shall not be registered as a trade mark in relation to goods if it consists exclusively of- |
| (a) the shape that results from the nature of the goods themselves; |
| (b) the shape of goods that is necessary to obtain a technical result; or |
| (c) the shape that gives substantial value to the goods. |
| Shape resulting from the nature of the goods themselves |
| The resulting shape means that the nature of the goods determines the shape of the goods. For example, since the shape of the egg tray is determined by the shape of the egg that needs to be adapted, egg tray is not registrable as a 3D Trademark. |
| Shape of goods that is necessary to obtain a technical result |
| This objection excludes the registration of functional shapes. As long as the sign comprises nothing but that shape, it is not registrable even if it is not the only shape that may produce the same technical result. |
| Shape which gives substantial value to the goods |
| This section excludes the registration of “aesthetic shapes,” which are eye-catching shapes compared to the common shapes of products. |
 COPYRIGHT BKIP 2019
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Sep 2021 Appeal against the decision of Trademarks Registry Jun 2021 Michelin Sues Hong Kong Company for Trademark Infringement
May 2021 Oppositions Against European Trademarks Apr 2021 Procedure and Evidence Requirements for Trademark Cancellation in Non-Use Areas Mar 2021 Amendment of Trademark applications and Registrations in Hong Kong Feb 2021 Registered trademarks-use of ® symbol in Hong Kong Jan 2021 Do you need to register your trademark？
2017年12月 使不誠實的商標註冊失效
2017年11月 香港馬德里體系的更新
2017年10月 向人民法院起訴商標案件的文件要求
2017年09月 香港商標案件的證據缺陷
2017年08月 商標案件的聆訊階段
2017年07月 「相同商標」查冊和「相近商標」查冊
2017年06月 商標查冊的重要性
2017年05月 商標授權人對銷售侵權產品的法律責任
2017年04月 申請商標前企業應要知道商標的註冊性
2017年03月 我應註冊商標嗎？
2017年02月 商標代理人的重要性
2017年01月 註冊商標被不知名人士申請取消
Dec 2020 Supremacy of Well-Known Trademark in Hong Kong Nov 2020 The Benefits of Strong Trademarks Oct 2020 Likelihood of Trademark Confusion in Hong Kong Sep 2020 TWeak trademarks are normally rejected registration due to its non-distinctive nature. Aug 2020 Trademarking in other countries Jul 2020 Restoration of Removed Trademark Registrations in Hong Kong Jun 2020 Validity and renewal of trademark registrations in Hong Kong May 2020 Filing Basis-Statement of Use in Hong Kong Apr 2020 Certificate of Hong Kong Trademark Registration Mar 2020 Amendment of Trademark applications and Registrations in Hong Kong Feb 2020 Opposition to Hong Kong Trademark Application Jan 2020 Color Marks Dec 2019 Color Marks Nov 2019 SKECHERS succeed trademark infringement in China Oct 2019 Alfred Dunhill Win Huge Lawsuit in China Sep 2019 Second Bite Of Toymaker Lego In Infringing Battles In China
Jun 2019 Is IPR protection sufficiently strong in China? The recent development of IPR protection in China. May 2019 Three-dimensional Trademarks Apr 2019 Intellectual Property Licensing Mar 2019 Opposition to Macau Trademark Application Feb 2019 PRC Trademark Opposition Procedures Jan 2019 Opposition to PRC Trademark Application Dec 2018 Intellectual Property Licensing Nov 2018 Macau Trademark Opposition Procedures Oct 2018 Grounds of Opposition against U.S. Trademark Application Sep 2018 Opposition to U.S. Trademark Application Aug 2018 The Advantages of Filing Hong Kong Trademark Opposition in the First Place: Jul 2018 Hong Kong Trademark Opposition Procedures Jun 2018 Opposition to Hong Kong Trademark Application May 2018 Absolute Grounds’ for Refusal of a EUTM Application Apr 2018 Documentation requirements for filing appeal to People’s Court for trademark cases Mar 2018 Update of the Madrid System in Hong Kong Feb 2018 Invalidation of Trademark Registration in Bad Faith
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