Trademark Registration in Hong Kong
The principle of Hong Kong trademark law is “First to Apply”, not “First to Use”. If you use a trademark without registration by the Trademark Office, you may infringe the registered trademark of the exclusive right; on the other hand, you may difficult to get timely and effective protection of your own rights. Therefore, if you want to achieve the trademark law protection inHong Kong, you must apply for the registration.
1. Registration Materials:
Applicant’s name and address
Applicant’s business license or a copy of the personal identification
Apply for goods or services projects
Reproduction of the mark (electronic documents)
2. Reproduction of the mark: clear reproduction of the mark (12 pieces), the image length and width are both (5-10cm); electronic version of the pattern is better in JPG format. Note: If the trademark is colorful, you must specify the number of colors; if the trademark is black and white, later can use any color.
3. Registration duration: 6-9 months (complete the relevant application materials, without any objections and oppositions in the process of the application process, the entire process can be as short as up to six months).
4. Official Receipt: 1-2 month.
5. Period of Trademark Validity: 10 years.
6. Trademark renewal: a registered trademark is valid before the expiry of six months may apply for renewal of registration; failed renewal during that period may be granted a six-month grace period; without renewing during the grace period, canceled the trademark.
Registration Overview
1. Check the application in form
Trademark Office will do the form examination for the submitted documents and forms before review the relevant application, such as the information is complete or not, the content is complete or not, qualified signatures, etc.
2. Search and review
After complete the form examination, the Trademark Office will check the relevant trademark registration records to determine the same or similar goods or services has not registered a similar trademark. After review they will issue a written opinion to the applicant, indicating the results and the reasons.
3. Publication of application
The Trademark Office accepted the application, will make an announcement in the Hong Kong Intellectual Property Journal.
4. Registration
After accepted the application of trademark registration, the director of Trademark Office will record the detail data of this trademark into the register book, and issue the certification of registration to the applicant.
Note
1. The trademark application for registration, regardless of its text, graphics, color or their combinations must have significant characteristics, is able to clear their own goods or services different from the others.
2. The trademark can not be a brief description of their own goods or services or just one of its quality, uses, quantity and value. The Trademark Office is likely raised objections because it did not have identifiable.
3. The trademark can not use language or icon in the industry.
4. You must check and confirm there is no identical or similar trademarks exist before apply the trademark registration.
5. For five consecutive years without the use of a registered trademark is revoked.
Tips
It is important to note that the objections from Trademark Office or the third body may encounter in the process of registration process, as long as the applicant to make corrections within the specified timeframes inadequate or issued for sufficient evidence, the application for the registration process will still be carried out smoothly.
Who is a project employee
One is deemed a project employee when the employment has been fixed for a specific project or undertaking the completion of which has been determined at the time of the engagement of the employee.
Similarity to Seasonal Employee
Project employee is somewhat similar to seasonal employee. The term “project employee” has also been equated to seasonal employee where the work or service to be performed is seasonal in nature and the employment is for the duration of the season. (Mercado vs. NLRC, G. R. No. 79869, Sept. 5, 1991, 201 SCRA 332).
Like regular seasonal employees, the employment of project employees is not severed but merely suspended after the completion of the project. The employees are, strictly speaking, not separated from service but merely on leave of absence without pay until they are reemployed in another project. (Maraguinot, Jr. vs. NLRC, G. R. No. 120969, Jan. 22, 1998).
Example of a project employee is a person who works for the construction firm as a laborer. It is only upon completion of the project that the employment agreement ceases and they stop working for the company until after they have been rehired for another project of the company.
When can a Project Employee become a Regular Employee
According to Maraguinot, Jr. vs. NLRC, 284 SCRA 539, 556, 1998, a project employee can become a regular employee when:
1. there is a continuous rehiring for the same task and
2. the task is vital, necessary and indispensable to the usual business or trade of the employer. (Imbuido vs. NLRC, G.R. No. 114734, March 31, 200).
If these two conditions are present, then an alleged project employee is considered a regular employee. But it is not enough that just because the employee has worked for one year, they can become a regular employee.
In one of the cases, the Supreme Court states that “the length of service of a project employee is not the controlling test of employment tenure but whether or not the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee”.
However, according again to the Supreme Court in one of its decided cases, “repeated extensions of the employment contracts long after the completion of the project for which they are allegedly hired will make them regular employees”.
For while length of time may not be a controlling test for project employment, it can be a strong factor in determining whether the employee was hired for a specific undertaking or in fact tasked to perform functions which are vital, necessary and indispensable to the usual business or trade of the employer as held in (Tomas Lao Construction vs. NLRC, G.R. No. 116781, September 5, 1997).
Illegal Dismissal of a Project Employee
There is illegal dismissal of a project employee if the employee was terminated prior to the completion of the project or undertaking without valid cause and not in accordance with due process requirements.
Solicitors provide an essential service
If you require the expertise of solicitors in London you’re in good hands because there are a number of quality firms which can help you. Solicitors provide an essential service and can advise you on every aspect of the law along with a wide range of legal matters.
One reason that many people require the services of a solicitor would be to make a car accident claim. If you have been injured in any kind of accident which was not your fault you may be able to make an injury claim for compensation. When you contact a solicitor he will be able to discuss the process and the steps you need to take to make a claim. Claiming is today easier than ever and the vast majority of cases tend to be resolved out of court.
The property law services offered by solicitors are another reason why lots of people make use of their services. Buying or selling a property is a complex business and the services of a lawyer are crucial to ensure the entire process runs without problems. Without a lawyer to guide you through all the complexities of property law it’s very easy to make an expensive blunder.
Family law covers an array of legal issues including, marriage, divorce, paternity, child custody and also child support. These are all incredibly sensitive issues and a trained family solicitor will deal with them as sensitively as possible. A family solicitor will always attempt to solve any of these issues in a professional and unbiased way as soon as possible.
As well as family, property and personal injury law solicitors in London can help you with a broad variety of legal issues. Some of these consist of corporate law, employment law and the drawing up of wills. If you are going through any legal problems and require the aid of a solicitor get in touch with one today for a free consultation about your case.
London solicitors can help with the various problems that come up
Do you know the range of legal services which are provided by solicitors in London? Solicitors can help you resolve a number of legal issues associated with family law, property legislation and employment law as well as all other aspects of the law. These days almost all firms of solicitors usually specialise in only one or two areas of the law although you will still find a number of general solicitors companies.
If you have not had many dealings with solicitors you may not know the full range of services that they offer. If at this time you have not yet made a will then it is something you should definitely think about. Having a will that has been properly drafted by a solicitor will mean your assets will go where you want upon your death and stay out of the hands of the government. Tax solicitors can also help to reduce the amount of inheritance tax that your loved ones will have to pay on your death.
If you are an employer or company leader you will need a firm of solicitors specialising in employment regulation. They can enable you to ensure that your staff member’s contracts are in good order and offer help and advice on following the most recent EU employment regulations. They will also be able to help you with policy and procedure at work.
Modern family life is undoubtedly complicated and family solicitors can help with the various problems that come up. A few of the issues that they’re able to help to successfully resolve include things like visiting rights for grandparents and parents, access to children and a sizeable number of other issues.
Among the other services which solicitors offer are property law as well as conveyancing services for buyers and sellers of homes and corporate law for people who run businesses. Solicitors in London provide a broad range of services designed to help solve any difficulties you might be experiencing. If you’d like to know more about the complete range of services offered by solicitors make contact with one today.
Solicitors in London
If you’re looking for solicitors in London you may not know the place to start. The marketplace is full of solicitors and choosing the one which best suits your needs and requirements can be a difficult and time consuming process.
To help make it simpler to find the solicitor an individual need here are a few tips and suggestions to help you along. Recommendations from family and friends are a good way of discovering what working together with a particular firm of solicitors is going to be like. They will inform you of their own experiences dealing with various firms of solicitors and also the quality of work that they received.
The next thing is to obtain quotes from a number of different solicitors companies. You may find that there is a considerable difference in the prices that are quoted to you. Although the quote with the lowest price may seem like the most attractive option it might not be the best for you. The level of service you receive will to some degree be based on price and you should bear this in mind.
The next thing to think about is physical location. This should not be your main reason for choosing a solicitor however it is sensible to give it some thought. For a lot of people this will not be a factor but if you think you will need a lot of trips to your solicitor’s office it’s something to bear in mind.
The final step to take to find a terrific firm of solicitors in London would be to have a list of questions to ask your prospective solicitor. This can quickly give you an understanding of the expertise of the staff as well as the service that you’ll get from them. Locating a solicitor you can rely on is straightforward if you follow some of the ideas given above.