An Overview of Trademark Registration in Hong Kong

Are you looking for expert assistance with Trademark Registration in Hong Kong? At Enterslice, we provide complete, end-to-end support to help you register trademark in Hong Kong smoothly and efficiently. In today’s competitive market, brand theft and imitation have become common, with competitors often copying names, logos, or symbols to mislead consumers. To safeguard your brand reputation and ensure exclusive rights, it’s essential to complete your Hong Kong trademark registration under the proper legal framework./p>

The process of Trademark Registration in Hong Kong is governed by the Trademark Ordinance (Cap. 559) and administered by the Intellectual Property Department (IPD). This system offers robust legal protection for registered trademarks, helping businesses secure their unique identity in the marketplace.

Trademarks are more than just symbols; they represent your brand’s value, reputation, and credibility. By obtaining a registered trademark, you protect your intellectual property from unauthorized use and enhance consumer trust.

Every business owner should recognize the importance of a trademark as a valuable business asset. Understanding and complying with Hong Kong’s trademark regulations is a critical step toward protecting your brand and ensuring long-term growth.

First to use

Nice Classification

Paris Convention

Multi Class System

10 years validity from the date of application

Protect Your Brand Identity with Trademark Registration in Hong Kong

In Hong Kong’s dynamic business landscape, your brand is your most valuable asset. Securing trademark registration in Hong Kong gives you the legal authority to own and control your brand name, logo, or symbol. It safeguards your business from infringement, builds customer trust, and reinforces your presence in a competitive marketplace, ensuring your brand remains uniquely yours.

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Benefits of Hong Kong Trademark Registration

The list of benefits of Hong Kong trademark registration is as follows:

Exclusive Rights

Exclusive Rights

Registration of a trademark provides the exclusive right to you in order to use the trademark in relation to the goods and services with regard to which the trademark is registered.

Right to take Legal action

Right to take Legal action

The owner of a registered trademark has the right to sue the traders/vendors who, in accordance with their services, infringe the right of the actual owner of that mark.

Better protection

Better protection

If you have the trademark registered for your goods or services, then you are in a better position to protect your trademark, and it is easier to prove that you are the actual owner of the trademark.

Enhanced Brand Value

Enhanced Brand Value

A registered trademark significantly enhances a brand’s market value. It creates recognition and distinction for your business, helping it stands out among competitors. Over time, a strong trademark contributes to the goodwill and reputation of your brand.

Avoid Duplication

Deterrence Against Infringement

Trademark registration serves as a public notice of ownership, discouraging others from using or imitating your brand name or logo. It reduces the likelihood of infringement and strengthens your legal position in case of disputes.

Improved Consumer Trust

Improved Consumer Trust

Consumers tend to trust brands that carry a registered trademark symbol (®). It signifies authenticity, professionalism, and credibility, leading to stronger brand loyalty and customer confidence.

Builds Trust

Builds Trust

Using the ® symbol enhances brand credibility and helps build consumer trust. It reflects professionalism and strengthens recognition in competitive markets.

Legal Protection

Legal Protection

A trademark is a form of intellectual property that safeguards a brand’s name and mark from counterfeiting or infringement. Registration in the Netherlands (or any jurisdiction) gives the owner exclusive rights to use the mark and pursue legal action against unauthorized users.

Protects Brand from Social Media Exploitation

Protects Brand from Social Media Exploitation

Trademark registration prevents misuse of your brand on social media platforms like Facebook, Instagram, and YouTube, protecting it from unauthorized or misleading representations.

Legal Protection

Asset Creation

A trademark is an intangible asset that adds commercial value to a business. It can be licensed, franchised, assigned, or sold, offering long-term financial benefits and business growth opportunities.

How to Apply for Trademark Registration in Hong Kong?

The step-by-step process to apply for trademark registration in Hong Kong is as given below:

Preliminary Trademark search

Before filing your application for trademark registration in Hong Kong, it is highly recommended to conduct a preliminary trademark search. This helps you determine whether your proposed trademark or a similar one has already been registered or applied for by another entity. A prior search minimizes the risk of objections, legal disputes, and rejection of your application.

Application Submission

The next step is to file your application in Form T2, providing complete details of your trademark. This includes the trademark information, list of goods or services, applicant’s personal details, name, and contact information. Ensure that all information is accurate and complete, as any errors or missing details may lead to unnecessary delays in the registration process. The application must also be accompanied by the prescribed filing fee.

Examination of the trademark application

At this stage, the Trademark Registry reviews the application to ensure that the trademark meets all the registration requirements specified under the Trademarks Ordinance. The purpose of this examination is to verify that the trademark is distinctive and does not conflict with any existing registered trademarks. If any deficiencies or objections are raised by the examiner, the applicant is given two months to address and resolve them. Once the application is accepted, the trademark is published in the Hong Kong Intellectual Property Journal for public inspection.

Publication of the Trademark

Once the trademark application is accepted, it is published in the Hong Kong Intellectual Property Journal. The purpose of this publication is to make the trademark public and invite any objections from third parties.
If anyone wishes to oppose the trademark registration in Hong Kong, they can file an opposition within 3 months from the date of publication. An additional 2 months may be granted upon request. If no opposition is filed within the prescribed period, the trademark proceeds to registration.

Trademark Registration in Hong Kong

After successfully passing the stage of examination and opposition procedures, the trademark will be registered for a period of next 10 years from the date of filing an application for trademark registration in Hong Kong.

Timeline for Online Trademark Registration in Hong Kong

The average time frame for online trademark registration in Hong Kong is around nine months. Below is a summarized process timeline:

Preliminary Trademark Search: 3 to 5 days

Conduct a preliminary search on the Hong Kong IPD website to check for similar or identical trademarks before filing your application.

Application Submission: 1 to 2 weeks

File the application in Form T2 with complete trademark details, goods/services list, applicant information, and the prescribed fee.

Examination of Application: 1 to 2 months

The Trademark Registry examines the application to ensure compliance with the Trademarks Ordinance. If objections arise, applicants get 2 months to respond.

Publication of Trademark: 3 months

Once accepted, the mark is published in the Hong Kong Intellectual Property Journal for 3 months to allow public opposition.

Grant of Registration Certificate: 15 to 30 days

If no opposition is filed, the Trademark Registry issues the registration certificate, valid for 10 years from the filing date.

Requirements for Trademark Registration in Hong Kong

The list of documents for trademark registration in Hong Kong is as follows:

Applicant’s Details

Representation of the Trademark

List of Goods or Services (as per Nice Classification)

Priority Claim Documents (if applicable)

Authorization of Agent (Power of Attorney)

Application Fee Payment Receipt

Form T2, along with the prescribed fees

Is Online Trademark Registration in Hong Kong Eligible for Renewal?

Yes, online trademark registration in Hong Kong is eligible for renewal. A registered trademark in Hong Kong is valid for ten years from the date of registration. After this period, the registration can be renewed for successive ten-year terms by paying the prescribed renewal fee.

The renewal application must be filed within six months before the expiration date or up to one month after it expires. If the renewal is not filed within this time, a grace period of six months is granted, during which the owner can still renew the trademark by paying the renewal fee along with an additional late renewal fee.

Failure to renew the trademark within this grace period will result in the removal of the mark from the Register. In such cases, the applicant must file a fresh trademark application to re-register the mark, following the same process as a new registration.

Once renewed, the registration remains effective from the date of expiration of the previous term, ensuring uninterrupted protection and exclusive rights over your brand in Hong Kong.

Trademark Registration in Hong Kong

Prerequisites to Register Trademark in Hong Kong

Before you register trademark in Hong Kong, it is important to ensure that your proposed mark complies with the requirements set out under the Trademarks Ordinance. The Hong Kong Trademark Registry examines every application to determine whether it meets these conditions. Therefore, applicants must carefully review the following points before submitting their application:

Trademark Should Be Distinctive

Your trademark must be unique and capable of distinguishing your goods or services from those of other traders. The mark can be a word, logo, symbol, picture, or a combination of these elements. Distinctive or invented words are often easier to register, for instance, “VAMCOR” for sunglasses may be considered distinctive, while “cherry” for medical devices could also qualify due to its unusual use in that context.

Should Not Be Descriptive

The trademark must not directly describe the quality, purpose, value, or geographical origin of the goods or services. Marks that merely describe characteristics are likely to face objections. Examples include “smooth leather”, “clean and soft”, or “Hong Kong dim sums”- all of which describe the nature or origin of the product.

Should Not Be a Common Term in the Industry

The trademark must not consist of a term or expression commonly used within the applicant’s line of business. For example, “V8” for vehicle engines is considered a generic and commonly used term in the automobile sector and thus may not qualify for registration.

Should Not Conflict with Existing Trademarks

If a similar or identical trademark has already been registered or applied for in respect of the same or similar goods or services, the Registry may raise objections. Therefore, it is essential to ensure that your proposed trademark does not sound, look, or mean the same as an existing registered mark.

Conduct a Prior Trademark Search

It is highly recommended to conduct a trademark search before you apply to register trademark in Hong Kong. This helps determine whether your proposed trademark is already registered or under application by another party. Applicants can also request preliminary advice and trademark search services by submitting Form T1 to the Hong Kong Trademark Registry.

Non-Eligible Marks for Trademark Registration in Hong Kong

It is important to note that before you apply for trademark registration in Hong Kong, there are certain marks that are not eligible for trademark registration, some of which are as follows: 

  • Descriptive Marks:- Marks that directly describe the goods or services (e.g., quality, quantity, value, origin, or purpose) lack distinctiveness.
  • Common or Generic Marks:- Terms commonly used in a trade or industry that do not distinguish one business from another.
  • Marks Contrary to Public Morality or Policy:- Marks that are offensive, immoral, or promote illegal or unethical activities.
  • Deceptive Marks:- Marks that may mislead or deceive the public about the nature, quality, or origin of goods or services.
  • Marks Identical or Similar to Existing Marks:- Marks identical or confusingly similar to registered trademarks for similar goods or services.
  • Marks Likely to Cause Confusion:- Marks that could confuse consumers about the source of goods or services.
  • Marks Similar to Well-Known Marks:- Marks identical or similar to famous trademarks, even for unrelated goods or services.

Why Trust Enterslice for Hong Kong Trademark Registration?

With years of expertise in global IP compliance, Enterslice offers complete assistance to register trademark in Hong Kong with ease and efficiency. Our professional team ensures full compliance with the Intellectual Property Department (IPD) while streamlining every step of the process of trademark registration in Hong Kong. Here’s why Enterslice is the trusted choice for Hong Kong trademark registration:

  • Expert guidance for conducting a detailed trademark search and analysis
  • Proven success rate in Hong Kong trademark registration
  • Fast-track filing of trademark applications with complete documentation
  • Comprehensive assistance with trademark monitoring, renewal, and opposition
  • Dedicated team of experienced IP lawyers and consultants
  • Full compliance with Hong Kong’s Trade Marks Ordinance and IP laws
  • Transparent pricing with no hidden costs or delays
  • 24×7 customer support for all trademark-related services
  • Professional advice on logo and mark refinement before filing
  • Helping businesses build and protect their brand identity globally

FAQs on Online Trademark Registration in Hong Kong

A trademark is a unique sign or symbol that helps distinguish the goods or services of one business from those of others. It serves as an identifier of the brand’s origin and builds recognition among consumers. A trademark can take various forms, such as words (including personal names), logos, designs, letters, numbers, shapes, colours, sounds, smells, or even the packaging of products, either individually or in combination. To qualify as a trademark, the sign must be capable of being represented graphically and should clearly differentiate one brand from another.

The list of requirements for registering a trademark is as follows:

  1. Distinctiveness: The trademark must be unique and capable of distinguishing your goods or services from others in the market.
  2. No Similarity: The proposed trademark should not be identical or confusingly similar to any existing registered trademark.
  3. Not Descriptive or Geographical: The trademark should not merely describe the nature, quality, or geographical origin of the goods or services.

The trademark registration in Hong Kong lasts for at least 10 years from the date of filing an application, and it is renewable for a period of ten years, since there is no limit on the number of renewals.

No, you cannot use the Hong Kong registered trademark in mainland China since Hong Kong SAR is under a separate jurisdiction, while separate registration must be submitted for mainland China.

A Hong Kong trademark registration is important as it provides legal protection against unauthorised use, grants exclusive rights, and enhances brand value, ultimately fostering consumer trust.

The list of common mistakes to avoid in Hong Kong trademark registration is as follows:

  • Filing an invalid form due to modifications or a missing applicant's form, like a phone number.
  • Submitting incomplete information.
  • Failure to perform a thorough trademark search can lead to conflicts or infringement claims.

No applicants for trademark registration in Hong Kong are required to prove actual use or intent to use.

The list of following parties can contest your trademark application:

  • Any interested party
  • The owner of an earlier right
  • A licensee

Having a registered trademark provides the following key rights:

  1. Exclusive Right of Use: The trademark owner has the exclusive right to use and benefit from the registered mark.
  2. Right to Object: The owner can object to any later applications that conflict with their registered trademark.
  3. Right to Take Legal Action: The owner can file an infringement case against any party using a confusingly similar mark.
  4. Right to Claim Damages: The owner can seek compensation from third parties who infringe upon the registered trademark.

The opposition period for a trademark application is three months from the date of the publication of the application in the Hong Kong Intellectual Property Journal.

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