Trademarks Registry Work Manual released

The Trademarks Registry has released a Work Manual that will serve as a guideline for the examination of marks and for other proceedings under the new Trademarks Ordinance. The examination criteria set out in the manual are generally less stringent than under the previous system.

The manual states, among other things, that the following marks are now registrable, provided they have distinctive character:

• Marks comprising a single colour or combination of colours.
  
  
• Marks comprising two or more letters, even if unpronounceable and so long as the letters do not designate a characteristic of the goods or services to which the application relates.
  
  
• All personal names, even if they are not represented in a special design or style.

It is expected that where there are doubts as to the interpretation of the Trademarks Ordinance the UK courts' interpretation of similar laws in the United Kingdom may be called upon to assist.

For background information on the new Trademarks Ordinance see Trademarks Ordinance implemented after three-year delay and Hong Kong introduces new Trademarks Ordinance.

Yvonne Chua, Wilkinson & Grist, Hong Kong