[HK] Conquering Descriptive Trademarks: Strategies for Registration Success
Updated: Mar 27
Ever dreamed up a killer brand name like "Perfetta" for your masks and gloves, only to hear "descriptive - rejected!" from the trademark agents? It happens more than you'd think, especially with tempting words like "premium," "super," or "perfect."
This Hong Kong case study shows how to flip that no into a yes with smart moves. I'll walk you through it casually, like sharing tips from the IP trenches.
Why Descriptive Names Spell Trouble
Brands love hype words - best, fresh, smart, delicious. Problem is, trademark offices see them as straight-up descriptions of your product's quality, not unique identifiers.
Under Hong Kong's Trademarks Ordinance (Section 11(1)(c)), marks that just label kind, quality, or features get the boot. They also lack "distinctive character" under Section 11(1)(b), making approval tough. Fair play keeps the market open for everyone.
The Perfetta Challenge
"Perfetta" means "perfect" in Italian - straightforward praise for protective gear. Hong Kong's Registry flagged it as too descriptive for locals, hitting both sections above.
Slim odds, right? But pros know: Case law, searches, and sharp arguments can shift the tide.
Our Winning Playbook
We dove deep: Italian isn't big group in Hong Kong, so most folks wouldn't clock "Perfetta" as "perfect." We pulled a UK win on similar vibes, plus Perfetta registrations in Italy and beyond - proof other offices greenlit it.
Boom! Registry backed off. Perfetta sailed through to registration.
Pro Tips for Your Next Mark
Skip pure descriptors, even foreign ones; they're rejection magnets. If stuck, grab IP experts early ~ precedents and evidence make all the difference.
Questions on your app or appeal? Right IP's got your back.
Contact Right IP
Email: inquiry@rightipa.com
Tel/Whatsapp: +852 5327 3854
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