Welcome to the ultimate 2024 Gift Guide, where finding that perfect present just got a whole lot easier (and more fun!). This year, we’re all about thoughtful and unique gifts that celebrate the people in your life—from handmade treasures to self-care sessions and everything in between. Whether you’re shopping for friends, family, teens, or even yourself (you deserve it!), we’ve curated a collection that combines style, creativity, and a touch of whimsy for every budget.
From charming Hong Kong-inspired notebooks and luxurious vegan cookie boxes to shimmering jewelry and cozy PJ sets, this guide is packed with treasures that’ll make everyone feel special. Ready to dive in? Explore our top picks and make this holiday season unforgettable with gifts that are sure to bring a smile to your loved ones’ faces (and maybe yours too!).
Happy gifting!
Gifts for Friends
1. Set of 3 Being Neighbourly Notebooks
3 A5 notebooks featuring different forms of Hong Kong transportation (tram, Star ferry and Central-Mid levels escalator) and 3 pencils. Designed by a community business and featuring photographs by a National Geographic-recognised photographer, Peter Sung.
Retail Price: HKD 150
Available at: https://beingneighbourly.com/shop/
2. Handmade East Meets West Bracelet by Sagiri Dayal Jewellery
Our bracelets are a favourite of our clients because they make great gifts ✨ they can be worn alone or stacked together for an easy stylish look. All are handmade with Chinese knotting and pieces sourced from around the world. These one of a kind bracelets are hand- made with Chinese knotting. They combine elements of eastern culture designed with a western aesthetic.
They are versatile and easy to wear.
Retail Price: USD 45-65
Available at: https://sagiri-dayal.com
3. Wrapped by Rach Personalized Stone Tea Light Holder
A gorgeous marble and agate tea light holder makes a forever keepsake for you or a special friend. It’s a beauty that can remind you of the giver. Better still these can also be personalized with a name or initial.
Retail Price: HKD 250
Discount: Shop with a friend and each of you get 10% off the retail price
Available at: https://www.instagram.com/wrappedbyrach?igsh=eDE0b2s1cXhoMnoy&utm_source=qr
4. Sweet Secrets Inclusively Delicious Gluten-free Vegan Cookie Gift Box
Handmade in HK assorted cookies GLUTEN-FREE, EGG-FREE, DAIRY-FREE, REFINED SUGAR-FREE. DELICIOUS and INCLUSIVE desserts for those with health challenges (eczema, autoimmunity, neuro-disorder, food intolerances, chronic inflammation – diabetes etc).
Retail Price: Premium Box: 180g, 18 pieces, HKD$298; Luxury Box: 280g, 28 pieces, HKD$398
Discount: 20% off for 5 boxes or more
Available at: https://www.sweetsecrets.com.hk
5. Wrapped by Rach Curated Special Occasion Hamper
I curate hampers for corporate as well as all other occasions. We can add a little bit of something for everybody and I make them look so special.
Retail Price: I’ll suggest options based on your budget.
Available at: https://www.instagram.com/wrappedbyrach?igsh=eDE0b2s1cXhoMnoy&utm_source=qr
6. TootSweet Concepts TRE (Tension Release Exercises) 1:1 Private Session
A private 1:1 session of this amazing de-stressing technique. Let your body shake off the year’s stresses naturally. It’s a purely somatic experience, no talking about your troubles, just be guided to activate your body’s neurogenic tremors to down-regulate your sympathetic nervous system and come away feeling relaxed, and reset. TRE is proven to reduce your stress levels, allowing you to reconnect with feelings of joy, peace and curiosity. It’s a gift of health.
Retail Price:HKD 890
Discount: Buy 2 get 10% off.
Available at:https://treforprofessionals.com
7. CÓCOES Sweet Tasting Kit – 100% natural sweetener!
The sweet-tasting kit presents two luxurious syrups made from coconut flower syrup which has a low glycemic index and exquisite taste. The light syrups are a perfect companion for savory dishes, marinades, and salad dressing. The dark syrup will accompany your tea, coffee, pancakes or baking beautifully. CÓCOES is sustainably farmed in South Palawan in own organic farm. You cannot go wrong with the gift of better nutrition! Take care of you staff, friends and family.
Retail Price: HKD 128
Discount: For the WEN network, we offer 30% off. WEN members type: ‘WEN’ upon checkout from www.cocoes.com
Available at: https://www.cocoes.com
8. Jan’s Aesthetics of Nature Christmas Bliss Bundle and Candle #12
Christmas Bliss Bundle includes a Christmas blend natural candle (100g), named as “#12” and 120ml Calm Aromatic Massage Oil; (2) Candle #12 is 100g Christmas blend natural candle. (1) Christmas Bliss Bundle combines the cozy ambiance of a Christmas aroma blend candle with the soothing properties of calming body massage oil, offering a perfect blend of relaxation and festive cheer.
Retail Price: (1) Bundle price HKD$498 (Worth $558), (2) HKD$230
Discount: WEN members only: receive an additional 5% discount
Available at: https://janshk.com
Gifts for Her
1. BIMBOCONCEPT: Image Republic – Serre by Soledad
Frame your love for your special someone with this exclusive collaboration by Soledad Bravi with Image Republic. Bravi is an illustrator, and author of books for very young children and grown-ups. Find her every week in Elle magazine for a mood post and daily on her Instagram. Dimensions: 40x50cm, including the mount board from Canson®.
Retail Price: HKD 690
Discount: 10% discount using CERQWENXMAS10
Available at: https://cerqular.hk/collections/shop-bimboconcept/products/soledad-serre-40×50-cm
2. Rose Royale Luxury Face Elixir by Inner Temple Healing Oils
Age Defying Face Oil. It can be more hydrating than a moisturiser and ideal for restoring skin’s radiance.
Retail Price: HKD 330
Discount: 5% off
Availalable at: https://www.innertempleoils.com
3. Clean Beauty Products from Bare Nordic Beauty
Clean Nordic beauty and wellness products. Woman owned platform supporting diversely owned clean beauty brands. Treat yourself with clean self care!
Retail Price: 10-150 Euro
Available at: https://barenordicbeauty.com/
4. Cherry Bobbins Mini Balloon Star Bag
Looking like a blown up metallic balloon from a birthday party, our Mini Star Bags are perfect for nights out with your friends. Compact, lightweight and compliments any Christmas outfit.
Retail Price: HKD 499
Available at: https://www.cherrybobbins.com/
5. Travelling Treasures Sterling Silver & Gem Stone Bangles
925 Sterling Silver & Recreated Gem Stone Bangles. Its a unique and hand crafted little luxury.
Retail Price: HKD 3500 per piece
Discount: 10% discount
Available at: travellingtreasures@gmail.com
6. Fleur Bleue Jewellery Elegant Five Petal Flower Silver Brooch Handcrafted with Freshwater Pearls and Natural Diamond
Surprise your loved ones this Christmas with a gift of timeless beauty. Our rhodium-plated sterling silver flower brooch, embellished with radiant pearls and a natural diamond, makes for an ideal present to show your love and gratitude. Each piece is meticulously handcrafted, ensuring that every brooch is one-of-a-kind. Each piece is meticulously handcrafted, ensuring that every brooch is one-of-a-kind.
Retail Price: HKD $2280
Discount: 15% off, HKD $1938 per piece
Available at: https://api.whatsapp.com/send?phone=85260348048
Gifts for Families
1. BIMBOCONCEPT: Eureka Wooden Box Advent Calendar with Ornaments & Candies
Wooden house-shaped Christmas advent calendar with LED lights on the roof attic. This set of 24 small drawers filled with a variety of chocolates and candies. Countdown to Christmas with daily surprises from December 1st to 24th. Candies: Squeezed Cookies, Star Chocolate, Strawberry Candy, Lemon Candy
Retail Price: HKD 429
Discount: 10% discount using CERQWENXMAS10
Available: https://cerqular.hk/collections/shop-bimboconcept/products/wooden-box-advent-calendar-with-ornament-and-candies
2. Cali & Lou: Odin Gift Set
A bright & beautiful baby gift to bring light into baby’s winter months!
This gift set includes:
1) Soft, natural and eco-friendly mustard yellow cuddle comforter, which is made from 100% organic cotton muslin.
2) Sun silicone stacking toy which is 100% food grade safe (Size: 13*3.5*7.2 cm).
3) Petal shape bib with fun rainbow print made from 100% organic cotton muslin
This set will be nicely packed in a gift box.
Retail Price: HKD 370
Discount: 10% discount using CERQWENXMAS10
Available: https://cerqular.hk/collections/shop-cali-lou/products/baby-gift-set-odin
3. Private Family Group Fitness Session With Limitless Health Personal Training
Get all the family members moving and bonding with your own private class completely tailored to you. Your own dedicated personal trainer will devise a family workout that is suitable and fun for all ages and skill levels. This would make a fun family bonding session!
Retail Price: HKD 1500
Discount: Special offer of HKD$1000 (over 30% off) for WEN members only for packages purchased before 31st December 2024.
Available at: https://limitless.hk/
4. Burnt Oringe Intl. Interior Design – Home & Furniture Assessment
Invest in an interior design and furniture assessment with Burnt Orange Intl. to transform your living space. Our expert team creates personalized plans to enhance functionality and beauty, reflecting your taste and lifestyle. Start the New Year with a clean, organised, beautiful home. In a space-starved city like Hong Kong, it’s crucial to master the art of maximizing your space and creating a serene sanctuary to return to every night. This is the gift that keeps on giving.In a space-starved city like Hong Kong, it’s crucial to master the art of maximizing your space and creating a serene sanctuary to return to every night. This is the gift that keeps on giving.
Retail Price: HKD$8,000
Discount: 65% off for WEN Members
Available at: https://www.burntoringe-intl.com/
5. The Gift of Parenting (The Relationship Code) Parent Mentoring Sessions by Cascade Train Teach Learn
A coaching package of 3 sessions. An opportunity to unravel the conscious parent in you, build stronger connections with your children and spouse.
Retail Price: HKD$2,000
Discount: 10% off for the package
Available at: https://www.cascadetrainteachlearn.com/coaching
6. Nicole Cromwell Interior Design Consultation
A one hour consultation on any home design aspects the client would like advice with. Small tips can help transform a space.
Retail Price: HKD 1,500
Discount: 10% discount for WEN members
Available at: https://www.facebook.com/nicolecromwellinteriordesign/
Gifts for Him
1. Malabar Baby: Men’s Loungewear PJ Set
Don’t forget to spoil the special men in your life. Set includes 1 top and 1 bottom packaged in a matching re-usable travel pouch. Sized from Small to XL to fit 6-foot-tall men. (Sizes run slightly bigger for a more relaxed fit.) Made in 100% Indian cotton voile, block-printed with carved wooden stamps.
Retail Price: HKD 685
Discount: 10% discount using CERQWENXMAS10
Available at: https://cerqular.hk/collections/shop-malabar-baby/products/mens-loungewear-pj-2pc-gift-set
2. Optimal Sleep & Performance Bundle
A wonder bundle of our bestselling supplements for a special price! These are designed to optimise sleep, recovery and performance for the busy professional, and are practitioner only grade supplements of the highest quality. The Designs for Health is one of the purest and highest grade fish oil products with 800mg each of EPA and DHA. YPSI Magnesium Tricomplex and Inositol Complex is our bestselling sleep bundle designed to respectively help you fall asleep and stay asleep. Lastly, the Designs for Health ElectroPure Hydration is an advanced electrolyte product that has 2X the amount of electrolytes of the leading electrolyte powder brand and includes D-Ribose, that provides extra energy during training.
Retail Price: HKD $1,350
Discount: Get 20% off this bundle – valid until 31st December 2024 for WEN Members only
Available at: +85298554437 (WhatsApp) or in person at 12F, 86-90 Wellington street, Central
3. Atman Lab Astrology 1:1 Consultation
Astrology consultation on psychological profile or relationship. It can unveil your personal traits that you may not be aware of. It can help to understand your partner better and as result have more harmonious relationships.
Retail Price: HKD $1700
Discount: 20%
Available at: https://www.atmanlab.social/
4. Skincare Products
Skincare for ladies and gents, beautiful collections, Christmas gifts and much, much more! Temple Spa is a UK skincare company who use natural ingredients and offer 100% vegan choices in their products. They take less than a week to arrive in Hong Kong and I have some items in stock too.
Retail Price: Up to HKD 2,500
Discount: For every order over HK$ 500, get a complimentary lip gloss.
Available at: https://spatogo.templespa.com/janeyrogers
5. Self Help Book – Why Being GOOD Is Bad For Us: The science behind how to be our healthy best selves.
If you know a GOOD person or a people pleaser, or someone who has trouble saying NO, then this book will change their life for the better. By learning how to stop living for other people and start living for themselves, they will become more confident, emotionally, mentally and physically healthier and definitely happier.
Retail Price: HKD $120
Discount: Buy 2 for 10% off
Available at: https://www.tootsweetconcepts.com/
Gifts for Yourself
1. Amanda Leigh Style Personal Stylist Christmas Gift Voucher
Give the gift of a wardrobe that makes you feel confident this season. The voucher can be used towards any Personal Style Package for 2025 or a gift of a 1hr Personal Style Consultation (in person or online). Ever opened the wardrobe and thought “I have a wardrobe full of clothes, and yet, nothing to wear”? Well Santa’s helper is here to help. At Amanda Leigh Style we empower our clients to express their authenticity and personal brand through the creation of their personal style. So what would 2025 look like for you if you had a wardrobe full of possibilities?
Retail Price: HKD 1500.00
Discount: Receive a free Online Style Report, included with every gift voucher.
Available at: https://www.amandaleighstyle.com
2. Niya K Personalised Signet Ring
The perfect personalized present for Christmas, design a signet ring with her initials. Something unique and that can last forever.
Retail Price: HKD $4,800
Available at: https://www.niya-k.com/
3. The GLIST Glowgetter Set
Getting the GLIST glow has never been easier than with our best-selling discovery set. Containing all three variations from our signature collection, this set gives you a chance to explore our high-performance sheet masks at your leisure. Plus, this way, no matter what your skin need you’ll have the remedy. The GLOWGETTER set is the best choice for frequent flyers, skincare fanatics, or those doing a spot of holiday gifting. The GLIST sheet masks are vegan, cruelty free, paraben free, gluten free and Halal, makes it perfect for any skin types especially sensitive skin!
Retail Price: HKD 460
Discount: 20% off for all WEN members if they use the code “WEN20”
Available at: https://www.glistofficial.com
4. Michelle Harris International Kickstart Your New Year with a Clarity & Empowerment Session
What do you wish to take forward into 2025? This 90 mins session will help you refine your goals and prepare your energy to make the best of the new year. Through various healing, empowerment and guidance coaching techniques, you will ‘let go’ what no longer serves you and re-align to greater success, abundance, joy and peace. By the end of the session you will clarify your soul intentions and be ready to live your potential – personally and professionally. Can be used for any area of life. Because many people start the year uncertain, lost and confused. This session isn’t your typical ‘new years’ start but really about aligning to what truly matters to them- at work, at home, personally, spiritually, in relationships, with family, their health etc. I bring in deeper healing and coaching practices that can really benefit and serve their mental, emotional, physical and soul health.
Retail Price: HKD 2250
Discount: 25% off
Available at: https://www.michelleharrisinternational.com
5. PCS Consulting HK Services
HR Consulting services: coaching, career transition, CV review, business English services. Can be used for an individual or team, a one-man band or conglomerate.
Retail Price: Up to HKD 1,200 per hour
Discount: Free exploratory meeting and 10% discount on further meetings* (Fee schedule on website)
Available at: https://www.pcsconsultinghk.com
6. Counselling/Coaching Package from A Mindset Psychology Services
Four Sessions of Counselling or Coaching. Achieve your goals, heal from your past, this is all for you and about you. When you have been dealing with the symptoms of what’s going on, why not take this opportunity to get to the root of the matter & solve the problem? You may not think it possible, but we’re here to prove you wrong. It’s your time! Whether this is true for you or your gift recipient – getting control of your future by healing your now.
Retail Price: HKD 7600
Discount: Special price of $5600 for WEN Members only – offer expires Tuesday January 28th, 2025
Available at: https://www.aMindset.hk
7. Swimsuits by Sana Swimwear
Swimwear that combines vibrant colors and bold patterns with comfort and elegance for our sophisticated customer. It ensures you feel confident and chic as you lounge at beach clubs or soak up https://www.pcsconsultinghk.comthe sun by the pool.
Retail Price: HKD$399
Discount: 10% discount, use code NEW10
Available at: sarah@sanaswimwear.com
8. Diamond Earrings by Didi’s Jewellery
A delicate loop diamond earring featuring a cascade of flowers. The delicate but attractive look!
Retail Price: HKD 16,200
Available at: meera@didisgroup.com
Gifts for Teens
1. The GLIST Ultra Hydro Plumping Mask
If your busy lifestyle affects your beauty sleep, or seasonal changes start drying out your skin, reach for our hydration hero. Specially formulated with active ingredients, the GLIST Ultra Hydro Plumping Mask hydrates the surface before targeting deeper layers, penetrating the skin barrier to achieve an airbrushed appearance and a more even skin tone. Add this mask to your regular skincare routine to help keep your skin plump and dewy. It is perfect for the low-humidity winter!
The GLIST sheet masks are vegan, gluten free, paraben free, cruelty free, and Halal, make it a safe product to use especially if you have sensitive skin
Retail Price: HKD 420
Discount: 20% off for WEN Members with code “WEN20”
Available at: https://www.glistofficial.com
2. Hand-Made Gemstones Bracelets by Mama Chang
All made by Mama Chang. Gemstones all have their own meaning, time to make ourselves feel meaningful and pretty at the same time.
Retail Price: HKD 500 up
Available at: https://guidefong.org/directory/Shing-Fook-Jade
3. Huku Studio’s book – Unpretentious:A Pathway to Authenticity
Discover the power of integrity and wholeness with Unpretentious, a book about belonging and identity (and establishing your own) in an era of incessant social comparison. Part journal, part guide, this book presents a unique perspective, a refreshing departure from the norm.
In today’s world, where self-promotion, disinformation, and grandiosity are abundant, the virtue of unpretentiousness stands out. It’s not only a valuable personal trait but a societal necessity.
Retail Price: HKD 200
Available at: https://www.hukustudio.com
4. Award Winning Clean Beauty by Founder’s Formula
Award winning clean beauty using Australian botanicals. Woman founded and led. Using Australian botanicals which are hardly ever used in beauty.
Retail Price: AUD 100-250
Available at: https://www.foundersformula.com.au
5. Tools & Tricks for Tweens and Teens Workbook by Michelle Harris International
As a Christmas gift or stocking filler, this handy workbook for tweens and teens offers empowerment, meditation and mindfulness tools that set seeds to build self esteem, develop positive mindsets and navigate difficult emotions. Aimed for ages around 10-15 yrs, it’s a great activity your kids can do by themselves, or follow the workbook with them to create a fun and special bonding time.
Supporting youth wellbeing and mental health with tools to help them. Creates spacial times for bonding with them over Christmas and beyond. Planting seeds to developed self esteem and how to navigate difficult emotions and challenging times. Gets the kids also thinking of community and contribution.
Retail Price: HKD 120
Discount: Special offer HKD 80 (plus postage & packaging). Can be sent internationally.
Available at: https://www.theempowermentschool.net
6. Cacao-Guilt Free Chocolates Assorted handmade praline selection
Box of 25 handmade pralines in a beautiful gold lacquer box made by a worker’s co-operative in Vietnam which we hope you will keep. If not, return to us in perfect condition and get $70 off your next order. All pralines are hand made by us using freshly ground, ethically sourced chocolate. If you want top quality chocolate that is freshly ground to order and is child slavey and deforestation free then this is the perfect gift for you.
Retail Price: HKD$685
Discount: 10% discount
Available at: https://cacao.hk
Conclusion
And there you have it—our top picks for making this holiday season extra special! From cozy comforts to fun surprises, there’s something here for everyone on your list. Remember, the best gifts come from the heart, and no matter what you choose, it’s the thought and joy that matter most. So grab a hot cocoa, turn up those holiday tunes, and get ready to spread some serious cheer!
Happy gifting, and may your holidays be filled with love, laughter, and just the right amount of sparkle!
Balancing the demands of entrepreneurship with family life is a challenge many full-time working moms face. The concept of work-life balance might seem elusive, but with the right strategies, it’s possible to find harmony between your professional and personal responsibilities. Here’s how you can make it work, even when business isn’t going well, and you’re caring for both children and elderly parents.
Understanding Work-Life Balance
Work-life balance is about creating a sustainable equilibrium between your work commitments and personal life. For entrepreneurial moms, this balance is crucial for maintaining mental well-being, fostering family relationships, and ensuring business success.
Is Work-Life Balance Achievable?
Yes, achieving work-life balance is possible, but it requires intentional effort and planning. In a recent poll of the Women’s Entrepreneur’s Network membership, 60% felt they have work-life balance compared to 40% who don’t. Many noted that balance can depend on the age of their children, highlighting a motherhood gap in the early years. For those who felt they had a work-life balance, setting boundaries and realistic expectations were key factors in their success.
Strategies for Achieving Balance
- Set Clear Boundaries
Establishing boundaries between work and family time is essential. Designate specific hours for work and stick to them. Communicate these boundaries with your family and colleagues to manage expectations, especially during tough business periods.
- Prioritize Tasks
Identify your most important tasks both at work and home. Use tools like to-do lists or productivity apps to keep track of priorities. Focus on high-impact activities that drive your business forward while allowing quality time with your family. When business is slow, prioritize tasks that can stabilize or improve your situation.
- Delegate and Outsource
Don’t hesitate to delegate tasks at work or outsource household chores. If you have business partners, leverage their strengths for effective delegation. Unlike solopreneurs who wear all the hats, having a team means you can take true offline holidays, knowing the business is in capable hands.
- Embrace Flexibility
Entrepreneurship often allows for flexible schedules. Use this to your advantage by working during non-traditional hours if it better suits your family’s routine. Flexibility can help you attend important family events without sacrificing business goals, providing comfort during stressful business phases.
- Practice Self-Care
Taking care of yourself is vital, especially when business pressures mount. Adopt a “good enough” mindset versus a perfectionist mindset in all areas of life. This approach reduces pressure, as chasing perfection is impossible and so is making everyone happy. Achieving work-life balance involves constant adjustment and readjustment of self-expectations. Schedule regular time for exercise, hobbies, or relaxation. A healthy, happy mom is more effective both at work and home.
- Leverage Technology
Use technology to streamline work processes. Tools like project management software, video conferencing, and cloud storage can make your business operations more efficient, saving you time and energy that can be redirected towards resolving business issues.
- Find Support and Resources
Connect with other entrepreneurial moms through networking groups or online communities. Sharing experiences and advice can provide encouragement and practical solutions to common challenges, especially when business is not going well. Additionally, consider seeking support for caregiving responsibilities. Look into community resources, caregiver support groups, or professional services to assist with elderly care.
Conclusion
Finding work-life balance as a full-time working mom and entrepreneur is challenging but achievable. It can take time to achieve this—sometimes years—and may involve switching careers or making other significant changes. Regardless of where you are or what you are doing, all the above advice can still apply. By setting boundaries, prioritizing tasks, and taking care of yourself, you can create a sustainable lifestyle that supports both your business ambitions and family needs. Remember, balance doesn’t mean perfection—it’s about finding what works best for you and your family, especially during tough times. Having a supportive team or partners can make all the difference, allowing you to step back and recharge when needed.
Written by Tricia Yap, Limitless Health & Fitness
Website: https://www.limitless.hk
Instagram: @limitlesshealthhk @triciayap
A special thank you to our contributors to this article:
Sitara Khan
Website: https://www.linkedin.com/company/hire-right-limited/
Jessica Yuen – Specialist Education Advisory
Website: https://specialistedu.com.hk/
Instagram: @speceduadv
Laetitia Montfort – Woman Beyond Mom
Website: https://womanbeyondmother.wixsite.com
Instagram: @womanbeyondmom
Tracy Ho – Frame & Fame Personal Branding & Executive Coaching
Website: https://www.frameandfame.com
Instagram: @Frame_and_Fame
Christa Nuijs
Website: https://www.the-right-mix.com
Instagram: @therightmixmarketing
This article serves as an introduction to trade marks and unpacks their importance when it comes to brand growth and protection.
What is a trade mark?
A trade mark is a sign that distinguishes the goods and services of one business from those of another. Typically a trade mark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these.
What is the value of a trade mark?
Trade marks help to protect brand identity and reputation and function as a deterrent to would-be infringers. Without trade marks, a business risks losing its unique identity (and potentially revenue) to competitors and copycats. It also risks being blocked from certain markets or being sued for trade mark infringement because of existing third-party trade marks.
Online market places and social media platforms also have processes in place for brand owners to report infringing products, posts and/or profiles but they require proof of trademark ownership. In most cases, a trade mark registration is the only acceptable form of proof.
Those looking to invest in and/or purchase a business will also expect to see a robust trade mark portfolio – trade marks help to boost confidence in the viability and longevity of a brand and the security of any investment.
Ultimately, trade mark registration is the only route which will guarantee brand protection and provide cost certainty.
When do I need to think about trade marks?
Whenever possible, file for trade mark registration before brand launch in those markets where you intend to have a presence in the next 5 years.
Are trade mark applications expensive?
They don’t have to be – the official filing costs for national trade mark applications are usually around 200-300 USD and there are cost effective options if you’re considering international protection. It’s all about getting your strategy right given your company’s budget, activity, plans for growth and undertaking the necessary due diligence.
International and EU trade marks are much more expensive, but they represent a much more cost-effective option if you are looking for protection in several countries/jurisdictions.
Are trade mark applications easy?
National trade mark applications are straightforward but, more often than not, it’s better to seek the help of an IP professional rather than do them yourself. Getting trade mark applications right involves the following (which isn’t always straightforward):
- Ensuring your trade mark is capable of registration – some phrases, words and images are a non-starter (i.e. descriptive or laudatory marks or marks which contain national flags or emblems).
- Searching for existing third-party trade marks so that you are fully aware of potential problems and/or limitations with your trade mark and able to make any required changes before fully committing.
- Identifying which of the 45 classes of goods and services are relevant to your application – getting this wrong may compromise your level of protection or leave you exposed to a non-use claim. As a word of warning, a number of classes have overlapping goods and services which can be confusing – for instance, both class 09 and 42 cover software, and both class 25 and 14 cover scarves, albeit very different types!
- Deciding on how your trade mark is to be represented (i.e. black & white or colour).
- Ensuring that your filing strategy is both cost effective and compatible with your company’s growth strategy, and that you understand any regional nuances.
It should be noted that applications for International (Madrid) and EU trade marks are much more complicated than their national counterparts!
Why are trade mark searches important?
Undertaking trade mark searches to establish whether there are identical or “confusingly similar” brands already in existence, is strongly advisable. They can help you to identify problematic trade marks in markets of interest and alter your approach to increase your chances of a successful registration (i.e. adding graphics to a word mark to make it more distinctive). Ultimately, the earlier you identify problematic trade marks, the more control you’ll have over branding and legal costs/exposure.
Make sure that you allow enough time for trade mark searches to be undertaken – international searches can take several weeks, even months, depending on the scope.
What does a trade mark search entail?
Google isn’t a bad place to start but it will not provide an accurate representation of active trade mark registrations. Proper due diligence involves searching trade mark registers in your key and current markets. Accessing these registers is straightforward but, in order to get the right results, you must input the correct search criteria. For instance, if you’re searching for a logo, you will need to search for the word elements as well as the figurative elements in accordance with the Vienna classification which is far from straightforward.
Once you have your search results, you will also need to assess whether any existing trade marks are “confusingly similar” to your own, given the visual/phonetic similarities as well as the goods/services that they are being applied to. The question as to whether something is “confusingly similar” is a matter of law and is a hard question to answer without an in-depth understanding of the relevant legislation.
What’s the value of an IP professional when it comes to trade marks?
IP specialists aren’t cheap, but getting brand protection right is priceless. Ultimately, getting the right support from the outset can save money in the long run by helping you to avoid costs associated with rebranding and trade mark infringement (which can cost hundreds of thousands of dollars). IP specialists will also help you to file applications correctly (avoiding costly refusals) and in the most cost-efficient way. For instance, Hong Kong is one of the only territories in the world where you can file a series of trade marks (up to 4 in total), paying roughly the same price as you would for a single trade mark application. That said, series marks have the highest failure rate as applicants generally fail to understand the relevant filing requirements.
What should I do if someone infringes my trade mark?
First, take a step back and do your homework. Infringement isn’t always clear cut and, before you take any action, you need to be sure that: (i) the legal requirements for a trade mark infringement claim have been met: (ii) your trade mark rights are enforceable; and (iii) the other party doesn’t have any rights which may trump yours. You should also undertake some research on your opponent to make sure that you want to take them on – a wealthy business may fight your infringement claim and fights cost money.
All being well, trade mark infringement claims generally start with a “cease and desist” letter, asking the other side to cease all infringing activity. This generally results in one of the following: the other side ceasing all such activity; a legal dispute (involving threats of legal action and court claims); or some sort of settlement.
If you want to take action for trade mark infringement, always seek the help of an IP professional as the stakes will be high.
Re-think Legal is a boutique legal consultancy, Founded by Ellie Patel in January 2023. Ellie’s mission is to help start-ups and small-medium sized companies identify, protect and grow their brands and commercialize their intellectual property.
© Ellie Patel 2024
