5. On what grounds may the Trade Mark Registry object or a third party oppose my trademark application?
The possible grounds are set out in sections 11 and 12 of the Trade Marks Ordinance, including where the trade mark:
- is devoid of any distinctive character;
- consists exclusively of signs which may serve, in trade or business, to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production of goods or rendering of services, or other characteristics of goods or services;
- consists exclusively of signs which have become customary in the current language or in the honest and established practices of the trade;
- consists exclusively of the shape that results from the nature of the goods themselves, the shape of goods that is necessary to obtain a technical result, or the shape that gives substantial value to the goods;
- contrary to accepted principles of morality or likely to deceive the public;
- use is prohibited in Hong Kong under or by virtue of any law or the application for registration was made in bad faith;
- is identical or similar to an earlier trade mark and the goods or services for which the application for registration is made are similar or identical to those for which the earlier trade mark is protected;
- use of which is prohibited by virtue of the laws of passing off, copyright or registered designs.
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