Trademark

Restoration of Removed Trademark Registrations in Hong Kong

If the owner of the trademark registration fails to pay the Hong Kong trademark renewal fee within the normal period, late renewal within 6 months after expiry is still possible on the payment of a late renewal fee. Failure to renew within 6 months after expiry results in the mark being removed from the register. A request for restoration and renewal must be made and the applicable fee for restoration and renewal paid within 6 months after the date of removal.

The request for restoration of the Hong Kong trademark registration must be submitted within 6 months from the date of deletion in the registration. Therefore, if the Hong Kong trademark registration is revoked on 8 June 2020, a request for restoration must be filed before 8 December, 2020.

The request for restoration needs to fill in the official form, which contains the detailed information of the Hong Kong trademark registration to be restored, and at the same time pay the missing Hong Kong trademark renewal fee and the appropriate restoration fee.

The request for restoration should also be accompanied by the reason explaining for not paying the Hong Kong trademark renewal fee in a timely manner.

If a restoration request is made within the specified period of time and all necessary fees are paid, Hong Kong trademark registry will decide whether to allow the restoration. Normally, if the owner can prove that he has in place a proper renewal registration system, and apply for the restoration as soon as possible after the obvious omissions, Hong Kong trademark registry will allow the restoration request.

Therefore, if you have missed the payment of the Hong Kong trademark renewal fee, it should be possible to restore the Hong Kong trademark registration.  Anyway, trademark owners should try the best not to miss any renewal deadlines.

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