According to Section 16E and Section 16(1)(g) of the Inland Revenue Ordinance, purchase and registration of patent, trademark and registered design can be tax deductible
Many overseas entities set up Intellectual Properties holding companies in Hong Kong to achieve tax planning
Intellectual Properties are defined under Cap112 of 《Inland Revenue Ordinance》(第112章)有明確定義:
● Patent《Inland Revenue Ordinance》Section 16E(4)
● Tradmark《Inland Revenue Ordinance》Section 16EA(11)
● Registered design《Inland Revenue Ordinance》Section 16EA, 16EB and 16EC
Why register Trademark?
A trademark is a sign that distinguishes the goods and services of one trader from those of others. Typically a trademark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically in order for it to be registered as a trademark.
Trademark is an important asset that can protect your brand image. Allowing your customers to identify and differentiate you from other peers. Once you registered Trademark, you are the exclusive users over your products or services.
If other persons use your Trademark over similar products or services without your consent, it would be infringement and you may take legal actions against it.
Intellectual Property Right Infringements?
You may apply to the Court on the following：
Injunction: refrain others from specific acts
Claim: monetary compensation for infringement acts
Claim of profits: share of profits due to infringement acts
Legal services related to Intellectual Properties
Handling legal proceedings for claims against trademark or other intellectual property rights infringers and providing legal advice or defending alleged infringement and counterfeiting of trademarks or other intellectual property rights
Legal procedures for processing applications and protecting trademark registrations and providing legal advice on the protection of intellectual property rights
Legal procedure for handling invalid or revocation of trademark registration
Resolve intellectual property disputes through friendly negotiation, settlement, mediation or arbitration
Dealing with the profitability of intellectual property trade - preparation of license agreements, transfer contracts for trademarks and other intellectual property rights, or third-party sales and purchase agreements for intellectual property rights
展群CK ® routine Trademark services：
Provision of professional advice prior to Trademark registration
Application of Trademark
Reply of letters and provision of professional advice
Handle objection of Trademark application
Changes in particulars and transfer of Trademark
Monitoring Trademark publication and infringement
Assisting in investigating infringement, analyzing infringement, issuing Warning Letters and Suing Infringers
Renewal of Trademark
Trademark Classification ：
Your application must include a list of all goods and services which you want to register your trademark with. You must list the goods and services in the class(es) they fall in. You should also state the number of class(es) they fall in. Currently, we are now applying the general classification under the 2018 version of the 11 th edition of the Nice Classification by the World Intellectual Property Organization (WIPO), which effect from 1 January, 2018，and totally 45 classes。
The Classes 1-34 are for Goods，and the Classes 35-45 are for Services。
You may find details of the Nice Classification at http://www.wipo.int/classifications/en.
Once a trade mark is registered, the owner will enjoy an exclusive right of the trade mark, and protected by law. Without your consent/license, any company and/or individual that uses the registered trade mark or a similar trademark for business purposes is a tort, and the owner can take legal action to require the infringer to stop the infringement and even compensate the economic loss.
Trademark rights are strictly regional, and registered trade marks are only legally protected in the countries or regions where they are registered. Hence, trade marks registered with the Trade Mark Office of the People’s Republic of China or trademarks registries of other countries or regions do not automatically receive protection in Hong Kong. In order to obtain protection of a trade mark in Hong Kong, you must register it in Hong Kong.
展群CK ® required documents for Trademark application:
1. Applicant's name and address
2. Applicant's identity document, i.e. ID card or passport of an individual, and Business Registration or Certificate of Incorporation of a company
3. Specimen of Trademark in .jpg format
4. Class, and a list of goods/services
展群CK ® Reminders:
Strategies that you may take, to protect your own Trademark:
Register Trademark in different countries and regions, especially in those covered by your business.
Register the mark in Chinese, English and local languages, which expands the protection of your mark and increases the attractiveness of your mark
Recordal copyright of Trademark, if it is a device or a specially designed wording.
Register Trademark as soon as possible
As soon as registration of Trademark, record it to the customs and online platforms.
If infringement of your registered Trademark is found, seek our professional advices, and we will help to report it to the official responsible offices, such as Customs
Appoint 展群CK ® to monitor the official Trademark journal in various countries, to see if there are any identical or similar Trademark applications, and oppose them.
For further information, please contact 展群CK ®:
a. Phone at (852) 3502 7392
b. Whatsapp at (852) 5227 9242
c. Email at email@example.com