The Hong Kong Trademarks Registry has provided new guidance on the registrability of movement marks and holograms, expanding the scope of trademark protection. These unique trademarks are registrable if they can distinguish an undertaking’s goods or services and be graphically represented, aligning with the criteria for traditional trademarks.
For movement marks, applicants must submit a sequence of still images showcasing the perceivable movement, accompanied by a detailed written description. This representation should depict the movement's sequence and its distinctive character.
Applicants must illustrate all significant features of holograms, showing the hologram’s various images from different angles. A precise written statement is also required, detailing the hologram's essential features and multiple views.
In assessing the registrability of these marks, the Registry places primary importance on the graphical representation, the accompanying written description, and the specified goods or services. The thoroughness and clarity in crafting these elements are vital for a successful application. While video clips or other samples may be submitted, they serve only as supplementary references and do not replace the need for accurate graphical and written representations.
This guidance emphasises the importance of precision and detail in applications for non-traditional trademarks, reflecting the evolving nature of brand representation in the market. Businesses looking to protect dynamic branding elements like movement marks or holograms in Hong Kong must carefully adhere to these clarified requirements.