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Trademark Registration in Hong Kong
A trademark in Hong Kong is a legally protected sign (logo, name, slogan, symbol or combination of elements) that identifies a company's goods or services and distinguishes them from competitors. Registration of a trademark in Hong Kong is governed by the TradeMarks Ordinance (Cap .559) and gives the owner exclusive rights to use it.
Trademark Registration in Hong Kong
Why register a trademark in Hong Kong?
- Legal protection – prevents competitors from copying the brand.
- Exclusive rights – only the owner of the brand will be allowed use it for commercial purposes.
- Protection against counterfeiting – the ability to file lawsuits against violators.
- Increased business value – the trademark becomes an asset of the company.
- Possibility of licensing and franchising – the rights to use can be sold.
- Protection in China and Asia – Hong Kong is an important trade hub, and registration here helps in introducing business to Asian markets.
Who needs to register a trademark in Hong Kong?
- International companies doing business in Hong Kong and China.
- Startups and small businesses looking to protect their brand.
- Franchisors planning to expand in Asia.
- Manufacturers of goods and services who want to protect their intellectual property.
Trademark Registration Process in Hong Kong
The entire procedure usually takes up to 8 months. Trademark registration is valid for 10 years from the date of filing, after which an extension for another 10 years is possible.
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Filing an applicationTo register a trademark in the Hong Kong Special Administrative Region, an application must be submitted to the Trade Marks Registry of the Hong Kong Intellectual Property Office.
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Documents verificationAfter checking for identical or similar marks and compliance with legal requirements, the application is published in the Official Gazette and the related third parties will have 3 months to oppose the registration.
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Obtaining certificationUpon completion of this stage, a certificate of registration of the trademark is issued.
The Certificate of Registration is valid only in the Hong Kong Special Administrative Region and does not apply to mainland China or other countries.
Required documents
When applying for registration, you must provide the following information and documentation:
- For individuals - a copy of the passport and information about the place of residence, for companies - a copy of the company registration certificate ( Certificate of Incorporation ), a copy of Business Registration Certificate, and information about the legal address.
- A detailed list of goods or services that are planned to be registered.
- Trademark and logo, if any.
- Advertising materials and product labels (if any).
- Documents confirming the right of priority to register this trademark (if any), with a notarized translation into English.
Registering a trademark in Hong Kong is an important step to protect your brand in Asia. The process takes 6-8 months but provides long-term benefits.
It is recommended to check the trademark before filing and, if necessary, contact intellectual property specialists, such as Law & Trust .
Our Services for Trademark Registration in Hong Kong
Law&Trust provides professional assistance in registering and protecting trademarks in Hong Kong. We take care of all legal aspects so that your brand receives reliable protection in one of the key business centers of Asia.
We can offer:
- Preliminary trademark check. Search in HKIPO databases – we will make sure that your logo or name does not violate other people's rights. Risk analysis – we will assess the probability of refusal and give recommendations.
- Preparation and submission of the application. Filling out the documents – we will correctly fill out the application (TM-4) and classification of goods/services (according to the Nice classification). Help with graphic design – we will check compliance with HKIPO requirements. The entire procedure is carried out online.
- Support at all stages. Publication monitoring – we track possible oppositions from third parties. Response to objections – we will protect your interests in case of disputes. Obtaining a certificate – we will ensure timely issuance of the document.
What if my trademark is already in use but not registered in Hong Kong?
The first to file has priority. Hong Kong has a " first -to- file" policy. Even if you've been using a brand for years without registering the rights, another business can legally register it. What to do in such situations? File an application immediately. If the brand has already been stolen, you can challenge the registration in court, but you'll need evidence (receipts, advertising, packaging).
Can I register a trademark in the name of an individual if I don't have a company in Hong Kong?
Yes, but with risks. An individual can be the owner of a trademark, but if you are not a resident, there may be difficulties with taxes or legal protection. It is safer for a business to register it under a company (especially if you plan on licensing).
How to protect a trademark in China if it is registered in Hong Kong?
There is no automatic protection. Hong Kong and China are different jurisdictions. Registration in Hong Kong does not give rights in mainland China.
What to do? Submit a separate application to the PRC (it is possible through the Madrid system if you already have a basic registration). In China, it is especially important to register the transliteration of the name (for example, "Nike" →耐克).
What should I do if HKIPO refuses registration due to distinctiveness?
Acquired distinctiveness can be proven - provide data on years of use, advertising, recognition (for example, as Apple did). Add unique elements - change the design or combine with the logo. File an appeal - through the Hong Kong court, if the refusal is unfounded.
