FAQs

Home FAQs IP Terminology

Didn't find the information you wanted to know?

Contact Us

is some specimens of actual use of the goods or services in the market. In other words, is the proof that consumers actually can see on the goods and services when they purchase them.

Trademark owners shall use the trademark correctly and always remain the specimens of actual use. This is to avoid no evidence of use can be provided if necessary (e.g. the registered mark being cancelled on the ground of non-use).

If a trademark has not been actually used for a continuous period of time (e.g. Hong Kong is 3 years), and no reasonable reason for non-use (e.g. the Government restricts the importation of goods or other regulations). Any person or party may request a non-use cancellation to the registered mark.
Any person or party may request an opposition during the publication period if he believes that the Trademark Office's preliminary examination and publication of the tademark are not legal. The grounds of opposition usually is identical or similar to prior trademark or violation of the terms of use.

is an agreement made by two parties in "good faith", to use a similar trademark in the same country for marketing purposes without interfering in each other's enterprises.

is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services.

A generic trademark is no longer being distinctive or unique. It cannot represent a certain brand and cannot be used as a trademark.

e.g. "Aspirin". The US court rulings in 1918 and 1921 found the terms to be genericized.

is a mark that having a high reputation or recognition in its market and known by many people.

refers to the unauthorized use of a famous trademark or its similar word, device or combination in other goods or services, lessen the uniqueness and distinctiveness of the trademark.

Refer to a search for the registrability of a trademark which advisable to conduct before filing the trademark application. It helps to determine whether the trademark has similar or identical prior trademarks.

Please read our article - The Importance of Trademark Pre-filing Search

Officially called the Madrid System for the international registration of marks.
The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. File a single application and pay one set of fees to apply for protection in up to 124 countries. Modify, renew or expand your global trademark portfolio through one centralized system.

The Paris Convention, Paris Convention for the Protection of Industrial Property, adopted in 1883. It applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other countries.