Types of trade marks for goods and services

A trade mark is used to promote and identify a manufacturer's or trader's goods and services and it enables the purchasing public to distinguish them from the goods and services of other manufacturers or traders. A trade mark may be any sign that is visually perceptible and capable of being represented graphically and may, in particular, consists of words, personal names, letters, numerals, figurative elements or combination of colours, and includes any combination of such signs. The goods and services in respect of which registration can be sought are divided into classes for administrative convenience. There are 34 classes of goods and 8 classes of services. The classes for goods and services in respect of which an application can be made are set out in Schedule 4 of the Trade Marks Rules. Further information as to which class an application should be filed can be obtained direct from the Trade Marks Registry or can be checked from the Nice's International Classification of Goods and Services.

Registrability

In order to be registrable trade marks must fulfil the criteria laid down in the Trade marks Ordinance. A trade mark can be registered in either Part A or Part B of the Trade marks Register. A trade mark can be registered in Part A if it is :
  • The name of the company, individual or firm represented in a special manner.
  • The signature (except in Chinese characters) of the applicant.
  • An invented word or words.
  • A word or words that is not either descriptive of the goods or services for which the mark is used or is not a geographical name or is not a surname.
  • Any other distinctive mark.
  • A mark which does not on the face of it appear to be distinctive can be registered if it has in fact become distinctive as a result of use.
A mark which does not meet the requirements of Part A might be accepted in Part B of the Register. Such a mark will have to be capable of distinguishing the goods or services of an applicant from those of other traders. The test for obtaining a Part B registration is considered in practice to be less stringent than that for obtaining registration in Part A of the Register.

Difference Between Part A and Part B Registrations

Part A registration offers greater protection to a trade mark in that the original registration will, after the expiration of 7 years from the date of the original registration, be taken as valid unless the registration was obtained in certain ways e.g. through fraud. Part B registration does not confer the same degree of protection as a Part A registration in that even after expiration of 7 years, it may be possible to challenge the validity of a Part B registration e.g. on the ground that it was wrongly registered.