The Trade Marks Registry of IPD HKSDR has made significant updates to the Chapter on the “Absolute Grounds for refusal” in its Trade Marks Registry Work Manual. It has been revised to elaborate the Registry’s examination practice in the sections on “Section 11(4)(a) – marks contrary to accepted principles of morality”, “Section 11(4)(b) – marks that are likely to deceive”, and “Section 11(5)(a) – use prohibited in Hong Kong by virtue of any law”; besides, various miscellaneous textual amendments are also made.
Key Changes in Examination Practices
1. Section 11(4)(a) – Marks Contrary to Accepted Principles of Morality
This section has been clarified to emphasize that it addresses principles of morality rather than political correctness. In addition to marks that may be considered offensive or vulgar, the Registry has added that marks containing in whole or in part, any sign that consists of any of the following will be refused registration regardless of their applied for goods or services:
may be contrary to the interests of national security, sovereignty, unity, reputation or territorial integrity; public security or order; and personal safety, notably through transmitting, inciting or trivializing an illegal activity;
is, either explicitly or by insinuation, associated or connected with an offensive, indecent or outrageous meaning, conduct or activity, e.g. a sign that incites hatred or otherwise transmits an insulting/degrading/disparaging message towards a particular race, group, gender, religion, institution or belief;
is, without authorization, identical to or resemble individual names/emblems/landmarks of government leadership, authorities or agencies (including those of the Central People’s Government); or
contains references to or is associated/connected with any well-known tragedy or otherwise shocking/disturbing event, as likely to be considered amongst a section of the public as offensive through commercialization.
2. Section 11 (4)(b) – Marks Likely to Deceive
Under this section, in addition to words such as “made/made in/imported from” a geographical place, the Registry has added that if the mark includes words or characters such as "exported from" a geographical place even if the area is not famous for the quality of the specified goods and the goods are imported/exported from or made elsewhere, the mark would be considered deceptive. The Registry has also added that marks suggesting official approval without any actual endorsement are also classified as deceptive.
3. Section 11(5)(a) – Use Prohibited in Hong Kong by Virtue of Any Law
The Registry has added an example of trade marks which may be objected under this section if the use of the trade mark constitutes an offence under The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and/or the Safeguarding National Security Ordinance (Instrument A305).
Information source: https://www.ipd.gov.hk/en/trade-marks/trade-marks-registry-work-manual/2025/index.html
鄂公网安备 42010402001546号