A trademark design is a design that is representative of a company,
brand, goods or services. It is just as important for designs to be
protected as other forms of trademarks, due to the fact that
designs are easier to remember than names or words for the many
consumers. Obtaining your own design right could therefore be
highly beneficial and an effective marketing tool.
Hong Kong Trademark Design - Requirements for a Trademark Design
Not all trademark designs qualify for a trademark registration
status. Designs must meet certain criteria in order to become
registered, the criteria is typically as follows:
- The design must comprise of elements such as shape,
configuration, pattern or ornamentation which make up its aesthetic
appeal to the intended market.
- The design should avoid representing a particular function which
the design is to perform, but rather be unique artwork.
Hong Kong Trademark Design - Trademark Design Protection
The law applicable for trademark design protection is the
registered designs law. This particular legislation aims to
safeguard the appearance of a manufactured article. Obtaining your
own design right will provide you will the necessary protection to
bring legal action against anyone infringing on your design rights.
There are a variety of reasons why registering your design is more
advantageous than not, but some of the primary benefits of a design
right include the right for the design to be sold, mortgaged and
It is not compulsory to register a design. however, unregistered
designs are only protected against direct copying and nothing more.
This means that if another person can prove their “copied design”
was in fact created entirely independently then there will be no
case for infringement. This causes a number of problems and can
become a complex and time consuming legal matter, so to avoid the
unnecessary complications it is advisable to register your design.
By owning your own design rights you will have a monopoly over the
design – ensuring the highest levels of protection.