BKIP Limited

Stage 2: Substantive Examination

	After the completion of stage 1, the trademark registry will check if the trademark is consistent with the Trade Marks Ordinance and the Trade Marks Rules. The examination of this stage is to see whether your trademark is distinguishable, i.e. distinctiveness of your trademark from other trademarks.
	If the trademark is descriptive of the goods/services itself, or only shows the quality, use, quantity and value of the goods/services, such as the word "quality" in "quality service", then the trademark registry will raise objection. Likewise, using the name of a place as a trademark will be refused by the registry because the name of a place is a phrase commonly used in society, and therefore, lacks distinctiveness. Besides, using common names, geometry and model reference as trademarks will not be allowed either.
	If the examination is not passed, the trademark registry will issue a notice to explain why the relevant trademark application is inconsistent with the registration requirements. Applicants can amend and correct it within the subsequent 3 months. If the applicant cannot satisfy the requirement despite amendments, the registry will issue another notice to illustrate the examination result. The applicant can request a hearing within 3 months upon the issuance of the notice.

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