Overview of Trademark Opposition

Overview of Trademark Opposition

Trademark Opposition (Trademark Objection) is a legal proceeding, available in most jurisdictions, in which a party seeks to prevent a pending application for a mark from being granted registration. Although the specific grounds for bringing an opposition vary by jurisdiction, typically, a party that believes it will be damaged by the resulting registration may oppose an application for that mark. Often, the trademark opposition procedure is triggered by official publication of an application in its pre-grant stage in a government journal, gazette or bulletin.

TRADEMARK opposition

Trademark opposition rules establish an opposition period, usually ranging from one to three months after publication, in which a party’s trademark opposition must be formally entered. In a minority of jurisdictions, the trademark opposition period occurs after the issuance of a registration; this is also known as post-grant opposition. In some jurisdictions, however, no opposition is available, and cancellation after registration is an opponent’s only option.

 

A formal decision to uphold or dismiss the opposition, thereby refusing or granting the registration, usually is issued in writing. Settlement agreements, involving amendment of the goods or services of the opposed application, withdrawal of the trademark opposition and restrictions on use of the mark, are commonplace; in such cases there is no decision on the trademark opposition. Typically, the losing party in a trademark opposition proceeding can appeal an adverse decision to a higher authority within the trademark office or registry or to a court.

 

Absolute Grounds and Relative Grounds In An opposition

An opponent (the plaintiff) can raise either absolute or relative grounds in a trademark opposition proceeding. Under absolute grounds, the opponent can claim one or more of the grounds listed below. Alternatively, under relative grounds, the opponent makes a claim of prior rights in the trademark, examples of which are listed below.

 

The most frequently raised grounds for opposition are as follows:

a) Absolute Grounds

-Descriptiveness; Geographically deceptive misdescriptives

– Genericness; Functionality

-Bad faith; Fraud

 

b) Relative Grounds

– Priority; Likelihood of confusion

– Bad faith

– Business name/domain name/trade name use

– Well-known/famous mark

Most jurisdictions provide similar grounds for trademark opposition; however, there are some important exceptions.

 

Defenses to an opposition

Priority of use and no likelihood of confusion are common defenses to a trademark opposition based on likelihood of confusion. Defenses to a trademark opposition based on another ground depend on the evidence submitted by the parties and the law of the applicable tribunal. Equitable defenses, such as laches, estoppel and acquiescence, may be available in some jurisdictions. In the United States, such defenses are available, but they may have limited value because the Trademark Office has jurisdiction only over the registrability of marks, not over their actual use.

 

Contact us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours Hong Kong hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my

Hong Kong Offshore Income General Requirements

Hong Kong Offshore Income General Requirements

Under the Hong Kong Inland Revenue Ordinance “Hong Kong adopts territorial basis for taxing profits derived from a trade, professional, or business carried on in Hong Kong. Profits Tax is only charged on profits which arise in or are derived from Hong Kong “.  In simple terms this means that a person who carries on a business in Hong Kong but derives profits from another place is not required to pay tax in Hong Kong on those profits.

 

Hong Kong Offshore Income

Below are the Hong Kong offshore Income general requirements

  1. The Company has no office in Hong Kong (Registered address is not belong company office.)
  2. No employee is in Hong Kong.
  3. The delivery of the goods are not passed through Hong Kong
  4. No goods are stored in Hong Kong
  5. The company has no bank loan in Hong Kong
  6. Suppliers and customers are foreign companies
  7. Contract place must be outside Hong Kong
  8. The sales details must be matched with purchase details
  9. Payments and collections details are clear and can be traced
  10. It is advisable for directors not to visit Hong Kong so often.

 

Contact us
If you have further queries, please contact Tannet
Malaysia hotline603-21418908;

Email: mytannet@gmail.com
TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my

The Advantages of Hong Kong Company Registration

The Advantages of Hong Kong Company Registration

Hong Kong company registration is also called Hong Kong corporate formation, Hong Kong company setup, Hong Kong business setupHong Kong company incorporation, etc. With the advantages of the business environment, preferential policies, friendly tax system and peerless transportation, Hong Kong, a metropolis of opportunity, originality and enterprising spirit, has attracted many investors' attention. More and more people established their own companies in Hong Kong to improve the international image and extend their business.

 

I. Minimum Requirements
1 director;
1 shareholder;
1 company secretary. (we will be your company secretary for the 1st year as complimentary services)

II. Documents Required
If you want to have a company registered in Hong Kong, you are simply required to fill out an application form, with copies of the valid passport, and sign the whole set of statutory legal documents personally. Tannet will cater to your registered address and legal secretary if necessary.

III. Processing Steps
1. Fill out an application form;
2. Payment receive;
3. Sign statutory documents personally;
4. Forward the documents to the Hong Kong relevant government departments immediately;
5. Finish within 7-15 working days;
6. Collect the documents at the designated office within three months.

IV. Service 
(1) Hong Kong company incorporation (including government fees, registered address, company secretary, telephone line, fax etc.). The service will start when you fully paid the service fee.
(2) Hong Kong bank account opening
(3) Hong Kong company annual return
(4) Hong Kong company accounting

After company registration, the client will receive one business registration license, one certificate of incorporation, three chops, one copy of share certificate, 9 copies of M & A, one copy of statutory book for director’s record, one official receipt, incorporation form, and one company kit.

 

Contact Tannet

If you have further queries, please contact Tannet

Malaysia hotline:603-21418908;

Hong Kong hotline:852-27837818;

China hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP: http://www.tannet-group.net , http://en.tannet.com.my

Hong Kong Virtual Office Services

Hong Kong Virtual Office Services

Virtual office is basically shared office services, which includes business address, mail and courier services, phone services, fax services, answering services and meeting & conference facilities.

 

Hong Kong Virtual Office Services

A Hong Kong Virtual Office is ideal for:

1. Having a requirement to hold meetings in the city but no requirement for a full time office

2. People who often travel and therefore do not have the need for physical office space

3. Individuals that work from home but require a city identity

4. Those that require an office identity but do not have the budget for a physical office

5. New business start-ups who wish to test a new market and cannot yet justify the cost of setting up a permanent office.

 

Benefit of having a virtual office

1. Prestigious address

For some, having an address that is “recognizable” to clients is a big bonus. This is especially true for consulting companies who work from home. Having a virtual office address can often help credibility. Whether the address is being used for letterhead, receiving mail or package shipment, a recognizable address is helpful.

 

2) Business phone line

Rather than paying a premium for having a new business telephone line, a virtual office allows business to have their business calls answered by a professional or answer them on their own. The other advantage of this type of set-up is that it saves money and it gives the sense of a company being larger.

 

3) Meeting space available

Business owners are often faced with various challenges when meeting with clients. Having a virtual office typically allows business owners to use conference area space for meetings. These benefits mean an added sense of credibility as well as a professional environment for conducting meetings of all sizes.

 

4) Cost savings

Businesses can realize a significant cost savings by having a virtual office. Rather than renting office space full time, many owners can work from home and use a virtual office only as needed. Generally, the fees for virtual offices is significantly less than a traditional office. Additionally, there is no need to buy expensive office furnishings and equipment. Virtual offices provide reception areas, fully furnished meeting rooms and even tele-conferencing ability.

 

Tannet do have over 10 branches in China and have a based in Hong Kong, China. We provide various of business solution services to investor from all over the world. With our strong connection to other professionals bodies such as chartered accountant, auditor, lawyer and surveyors, Tannet offers a complete one-stop service, tailored to suit our client’s requirements, in a most cost-effective manner.

 

Contact Us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours China hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP: http://www.tannet-group.net http://en.tannet.com.my 

Virtual office, Hong Kong virtual office, China virtual office, Malaysia virtual office

Hong Kong Corporate Tax

Hong Kong Corporate Tax

Hong Kong Profits Tax is one of Hong Kong companies' basic taxes. It is territorial in nature and only profits which are deemed to have, a Hong Kong source are subject to Profits Tax. If a Hong Kong company does not carry on business in Hong Kong or if it income is generates outside of Hong Kong is not subject to Hong Kong tax (offshore status application).

 

Hong Kong Corporate Tax

Basic Requirements for Hong Kong Profits Tax

To be liable to Hong Kong Profits Tax, a company must meet three basic tests as set out by the Privy Council in the Hang Seng Bank case. These tests are:

1. The company must be carrying on a trade, profession or business in Hong Kong;

2. The company must be generating profits from that trade, profession or business of a type which are subject to Profits Tax, for example, trading profits or commission as opposed to non-taxable capital gains or dividends; and

3. Those profits must have a Hong Kong source.

 

Hong Kong Profits Tax Rate

The current profits tax rate is 16.5% on assessable profits. All companies are subject to the same profits tax rate irrespective of their residential status.

 

Hong Kong Tax Return

Hong Kong Tax Return is refers to the reports filed with the department of the Hong Kong Inland Revenue Department containing information used to calculate the taxes and declare liability for taxation. Tax returns are generally prepared using forms prescribed by the tax authority.

 

Hong Kong Tax Return Requirements and Deadlines

The IRD of Hong Kong generally issues the corporate profits tax returns on the 1st of April every year. Normally, profits tax return should be filed within 1 month from the date of issue. The company has to file and complete the tax return together with the following supporting documents:

1. A certified copy of the Balance Sheet, Auditor’s Report and Profit & Loss Account pertaining to the basis period.

2. A tax computation with supporting schedules showing how the amount of Assessable Profits (or Adjusted Loss) has been arrived at.

2. Other documents and information as specified in the Notes and Instructions of the profits tax return.

 

Hong Kong is an ideal jurisdiction in which to incorporate a company with generates profits outside of Hong Kong. Hong Kong is officially a low tax jurisdiction which provides simple, certain and straight forward legislation. With proper planning, Hong Kong company which income is generates outside of Hong Kong is not subject to Hong Kong tax (offshore status application).

 

Contact Us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours China hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP: http://www.tannet-group.net http://en.tannet.com.my 

Hong Kong Companies Annual Return Filing

Hong Kong Companies Annual Return Filing

Hong Kong company annual returns, any limited liability companies in Hong Kong should file annual returns to the department of the Company Registry and the Inland Revenue.

 

Companies Annual Return Filing

For a private company having a share capital, you have to file, once in every year, an annual return within 42 days after the company’s most recent anniversary of the date of incorporation (the prescribed time period).

 

For any other companies, you have to file an annual return within 42 days after the annual general meeting (AGM) for the year or within 42 days after the date of the written resolution passed in lieu of the AGM (the prescribed time period).

 

Consequences if fail to file the Annual Return

A company which fails to file Annual Returns within the prescribed time period is in breach of the Companies ordinance and the company, every director, secretary and manager of the company are liable to face prosecution and, if convicted, default fines.

 

Moreover, the Registrar of Companies may consider taking striking off action having regard to the circumstances of each case. The maximum penalty is HK$50,000 for each breach together with a daily default fine of HK$700. In addition, substantially higher registration fee is also payable for the late filing of an annual return of a company having a share capital.

 

Contact Us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours China hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP: http://www.tannet-group.net http://en.tannet.com.my