Registrability requirements of movement marks and holograms clarified

Movement marks and holograms are registrable as trademarks in Hong Kong provided that they are capable of distinguishing the goods or services of one undertaking from those of others, and are capable of being represented graphically. The underlying principles and criteria for examination are the same as those applied to ordinary trademarks.

The Hong Kong Trademarks Registry has recently issued a note presenting its examination practice and clarifying the filing requirements for this special category of marks, as follows:

• When representing a movement mark graphically, the applicant should provide a series of still images in the correct sequence of perceivable movement.  The applicant is also required to provide a precise written description containing the prescribed information.    
• When representing a hologram graphically, the applicant should depict all the material features of the hologram, including all its various images when viewed from different angles.  The applicant should also provide a written statement describing the multiple views precisely by reference to the essential features of the hologram.   
• When examining the registrability of a movement mark or a hologram, the graphical representation, the written description and the specification of the goods and/or services are the fundamental basis of the assessment. A careful and thorough crafting of these required elements is therefore crucial when preparing the application. Any sample (eg, in the form of a video clip) submitted in the application is only of referential value.

Annie Tsoi, Wilkinson & Grist, Hong Kong