Application for registration in Hong Kong, China

• How do I apply to register my design in Hong Kong, China?
  
  
• Do I need to appoint an agent to register my design in Hong Kong, China?
  
  
• Should I apply to register my design before or after publishing it or using it in manufactured products?
  
  
• What is disclosure and confidential disclosure?
  
  
• How long will it take to register my design?
  
  
• How long can registered design protection continue?
  
  
• Can I include more than one design in my application for registration and pay the reduced fees for a multiple application?
  
  
• Do I need to file an application for more than one design if my design article can be made in differenct colours?
  
  
• How do I classify an article in my application to register?
  
  
• What is a set of articles?
  
  
• When would I need to make a divisional application?
  
  
• What is a statement of novelty?
  
  
• What is an official international exhibition?

Content

• How do I apply to register my design in Hong Kong, China?
  
  You need to file an application in the designs registry in the Intellectual Property Department.
  
  You will probably need professional advice. Agents and solicitors' firms specialising in intellectual property can advise you.
  
  Our Design Registration - How to apply to register a design in the Hong Kong SAR?   explains the procedures and documents required for making an application to register a design. Please click to download designs application forms.

• Do I need to appoint an agent to register my design in Hong Kong, China?
  
  You or an agent can file an application to register a design in Hong Kong, China. But you need to have an address in Hong Kong, China for service of documents.
  
  If you appoint an agent, your agent is required to notify the Registrar of the address in Hong Kong, China where he resides or carries on his business activities.
  
  We recommend that you get professional advice from patent agents or solicitors' firms specialising in intellectual property. You need to ensure that your application for registration in Hong Kong, China will not prejudice your application in another country where you may need protection. In some cases, design registration alone may not adequately protect your intellectual property.

• Should I apply to register my design before or after publishing it or using it in manufactured products?
  
  Only new designs are registrable. You need to keep your design confidential until you file an application to register it. Using your design in manufacturing, publishing it, or disclosing it, before filing may mean that although your design becomes registered, the registration will be invalid and open to challenge because your design was not considered new at the application date.

• What is disclosure and confidential disclosure?
  
  If you disclose your design in any way, for example by publishing it in a catalogue or placing an order to manufacture the design product, before filing an application to register it, your design will no longer be new.
  
  It is only in limited circumstances that disclosure does not destroy the novelty of your design. These limited circumstances are set out in section 9 of the Registered Designs Ordinance and include disclosure in confidence. If you need to disclose details of your design before filing an application to register it you should take professional advice to ensure that your design is kept confidential.

• How long will it take to register my design?
  
  If your application is in order, a certificate of registration will be issued within two months from filing.

• How long can registered design protection continue?
  
  Registration is for an initial period of five years beginning on the filing date of the application. By paying renewal fees, registration can be renewed for four further periods of five years, giving protection for a maximum of 25 years.

• Can I include more than one design in my application for registration and pay the reduced fees for a multiple application?
  
  You can include more than one design in your application for registration if the designs relate to the same class of articles or the same set of articles. A reduced fee is payable for every subsequent design in a multiple application.

• Do I need to file an application for more than one design if my design article can be made in different colours?
  
  No, you do not need to register more than one design in this case.

• How do I classify an article in my application to register?
  
  The International Classification of Designs ("the Locarno Classification") published by the World Intellectual Property Organization is the system adopted for classifying design articles.
  
  You can refer to the latest edition of the Locarno Classification at http://www.wipo.int/classifications/fulltext/locarno/enmain.htm.

• What is a set of articles?
  
  A set is two or more articles of the same design and of the same general character, usually sold or used together, for example a tea set. The term "set of articles" is defined in section 2 of the Registered Designs Ordinance.

• When would I need to make a divisional application?
  
  If you amend your design application and the amendment has the effect of excluding one or more designs from your application, you can, at any time while your application is pending, transfer the excluded designs to a new application known as a divisional application.
  
  A divisional application has the same filing date and priority date as the initial application.

• What is a statement of novelty?
  
  Your application, except for registration of a textile design, should contain a statement of novelty describing the features of the design which you consider to be new. You can claim novelty for shape and configuration, or pattern and ornament and as appropriate the statement of novelty is usually expressed as
  
  The features of the design for which novelty is claimed are the (*pattern, ornament, shape or configuration) of the article as shown in the representations.
  
  表述所显示的物品的(*式样、装饰、形状或构形)是声称具有新颖性的外观设计特色。
  (*delete as appropriate)
  
  The statement of novelty in both English and Chinese must be written or printed on the front of each representation of the design.
  
  Information notes on statement of novelty are included in our website How to apply to register a design in the Hong Kong SAR?.

• What is an official international exhibition?
  
  Official international exhibitions have their status as a result of the 1928 Convention on International Exhibitions. They are rarely held and none have been held in Hong Kong. The term official international exhibition is defined in section 9(3) of the Registered Designs Ordinance.
  
  Updates to the list are available from the International Exhibition Bureau, 56 Avenue Victor Hugo, 75783 Paris Cedex 16, France or can be viewed at http://www.bie-paris.org/eng/index3.htm.