Topic: Research/Metrics


Posted by Anonymous on 125 Points
Maybe this is a stupid question but I still would like your professional advcie.

I taught of a great name for an international fashion label. But found out that a globally trading apparel manufacturing company in Hong Kong goes by the same name.

My question; can I still file for a trademark (including in Hong Kong) or must I search for a new name.


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  • Posted by wnelson on Accepted
    B -

    To register a trademark, the trademark must be available for register. From the International Trademark Association website ( “Availability means that the mark is registrable and capable of functioning as a trademark in the countries of interest and the same or a confusingly similar mark is not in use by another party.” The key to your question is that the name would be declared as “not available” at least in Hong Kong since it is in use in Hong Kong. If it is only used in Hong Kong, you may be able to register the name in other companies. If the name in use is not registered in Hong Kong or anywhere else and is in use in Hong Kong, you may or may not be able to use it anyway, even in Hong Kong, depending on Hong Kong’s trademark laws. If the name isn’t registered in China, the article in Wikipedia implies that China doesn’t recognize “trademark in use” – only registered marks.

    Also note from the International Trademark Association the proper uses of trademarks:

    I hope this helps.


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