According to section 752 (1) of the Companies Ordinance (Cap. 622), laws of Hong Kong, when a Hong Kong company is dissolved, any property or right vested in or held on trust for the company immediately before the dissolution is vested in the Hong Kong Government as bona vacantia.
If the Hong Kong company owns a registered trade mark in Hong Kong immediately before its dissolution, the trade mark is vested in the Hong Kong government as bona vacantia.
The Companies Registry of the Hong Kong SAR Government may dispose of or otherwise deal with the trade mark as he sees fit, including disclaiming the Government’s title to the trade mark.
If that is the case, with effect from the date of the disclaimer, this terminates the company’s rights, interests and liabilities in or in respect of the registered trade mark which is disclaimed.
Depending on the decision of the Trade Mark Registrar, the trade mark may cease to have effect and the Registrar may remove the trade mark registration from the register.
Trade mark owner affected by the dissolution of the Hong Kong company should seek legal advice to restore the company for recovery of the trade mark and to oppose the removal of the trade mark registration from the register.
For legal advice or services on restoration of a dissolved Hong Kong company, please contact CHOW & CHEUNG [Tel: +852 2856 3799 or Email: email@example.com]
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