1.What Is a Trademark or Servicemark?

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

2.When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark , and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

3. What must the application include?

An application must include the following elements before the USPTO will accept it:

• the name of the applicant;

• a name and address for correspondence;

• a clear drawing of the mark;

• a listing of the goods or services; and

• the filing fee for at least one class of goods or services.

• A "use" based application included a sworn statement (usually in the form of a declaration) that the mark is in use in commerce,or a good faith or bona fide intention to use the mark in commerce.

• Signature .

A person who is properly authorized to sign a verification on behalf of the applicant is:

a person with legal authority to bind the applicant; or

a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant;

or an attorney as defined in 37 C.F.R. §10.1(c) who has an actual written or verbal power of attorney or an implied power of attorney from the applicant.

4. registration procedure

1).Searching Trademarks

before filing your application, determine whether anyone is already claiming trademark rights in a particular mark.

2). filling receipt

If you file a paper application, and it meets the minimum filing requirements, the Unite States patent and trademark office(USPTO) will assign a serial number and send a filing receipt. You should review this receipt for accuracy, and notify the USPTO of any errors, following the directions on the receipt.

3). Legal and procedural review of application

After the USPTO determines that you have met the minimum filing requirements, the application is forwarded to an examining attorney. This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees.

A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.

4).Publication for opposition

If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette , a weekly publication of the USPTO.

5). Certificate of registration or notice of allowance

If the mark is published based upon the actual use of the mark in commerce, on a foreign registration under section 44 of the Trademark Act, or on an extension of protection of an international registration to the United States pursuant to section 66(a) of the Trademark Act, and no party files an opposition or request to extend the time to oppose, the USPTO will normally register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.

If the mark is published based upon the applicant's bona fide intention to use the mark in commerce, the USPTO will issue a NOTICE OF ALLOWANCE about twelve (12) weeks after the date the mark was published, if no party files either an opposition or request to extend the time to oppose. The applicant then has six (6) months from the date of the NOTICE OF ALLOWANCE to either:

• use the mark in commerce and submit a STATEMENT OF USE; or

• request a six-month EXTENSION OF TIME TO FILE A STATEMENT OF USE.

Basic fee for the search and advisory of individual mark is HK$800. Basic fee for the registration of an individual mark is HK$16,650, paid all at one time when the application begins.