A movement mark or hologram is registrable as a trademark in Hong Kong provided that it is a sign that is capable of distinguishing the goods or services of one undertaking from those of others, and is also capable of being represented graphically. The underlying principles and criteria for examination are the same as those applied to an ordinary trademark.
The Hong Kong Trademarks Registry recently issued a note presenting its examination practice and clarifying the filing requirements for this special category of mark, as follows.
In graphically representing a movement mark, 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 with prescribed information.
In graphically representing a hologram, the applicant should depict all of its material features, including all of its various images when viewed from different angles. The applicant should also provide a written statement precisely describing the multiple views 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 goods and/or services are the fundamental basis. Careful and thorough crafting of these required elements in preparing the application is therefore crucial. Any sample (eg, in the form of a video clip) submitted under the application is of referential value only.
This article first appeared in IAM magazine. For further information please visit www.iam-magazine.com