A business owner should consider trademark registration in Hong Kong in order to distinguish their specific products and services from those of other producers. The trademark can be a sign or any other design that is used by the Hong Kong company to represent itself.
When deciding to register a trademark, the individual applying for it must make sure that the selected design does not conflict with any others already registered in Hong Kong. Before you apply, a consultant at our law firm in Hong Kong can tell you more about the Trade Marks Ordinance and how this field is regulated in the city.
| Quick Facts | |
|---|---|
| Who can file the application? | Local or foreign individuals, companies, and partnerships. No Hong Kong residency required. |
|
Competent authority in Hong Kong |
Intellectual Property Department (IPD) – Trademark Registry. |
|
Previous use required (YES/NO) |
NO. You do not have to use the mark before filing, but prior use may be relevant in litigation. |
| What can be registered? |
– words; – logos; – letters; – numerals; – shapes; – colors; – sounds; – combinations that are distinctive of goods and services. |
| Classification for trademark used in Hong Kong |
Nice Classification (Classes 1–34 for goods / 35–45 for services) |
| Recommended first step |
Perform a preliminary search of the official database to check for similar marks. |
| Filing method |
Online via the IPD electronic system or by physical filing. |
| Basic official fee |
HKD 2,000 for a standard class. Additional fees may apply for additional classes. |
| Main stages of the process |
– formal examination; – search; – substantive examination; – publication; – the issue of the certificate. |
| Opposition period in Hong Kong | 3 months from publication of the mark in the Hong Kong Intellectual Property Journal. |
| Duration of protection |
10 years from the date of filing, with unlimited renewal every 10 years. |
| Late renewal possible (YES/NO) |
YES. Usually, within 6 months after expiration, with an additional fee. |
| Owner’s rights in Hong Kong |
The owner can prohibit unauthorized use, claim damages, license the mark, or sell the mark. |
| Choosing the right class is important (YES/NO) |
YES. Using the wrong class may leave goods or services without legal protection. |
| Public register available (YES/NO) | YES. Registered and filed marks can be publicly checked in the IPD database. |
Table of Contents
Why should you register your trademark in Hong Kong?
Once the trademark registration process is complete, you will have exclusive usage rights over the selected design or sign. If other businesses use the same trademark for their own purposes, you have the right to accuse them of infringement, and you can take legal action with the help of our lawyers in Hong Kong. However, you lose any rights if you do not register your trademark with the Hong Kong authorities.
Some of the main reasons why business owners should consider trademark registration in Hong Kong are summarized below by the experts at our law firm in Hong Kong:
- You distinguish your brand in the market. This can be an important step in a clear growth strategy, one that will allow you to become known in your business sector or niche area of work;
- Other companies are discouraged when it comes to using identifying symbols that are similar to your registered ones;
- You can monetize the trademark, meaning that you can later grant or sell the usage rights for your registered mark if you decide to franchise your business in Hong Kong;
- You are legally protected from those who are thinking of using the same mark or copying your work. There is an important value in the legal aspects concerning the decision to register a trademark in Hong Kong.
Before you can apply for registration, you should make sure that the same trademark is not already registered by another business. This can be done online using the special portal from the Hong Kong Intellectual Property Department, or you can request specialized services from our lawyers.
We invite you to watch this video containing information about the trademark registration procedure in Hong Kong:
What can become a trademark in Hong Kong?
The items that can be subject to trademark registration in Hong Kong include:
- words and combinations of words;
- designs;
- characters and numerals;
- pictures;
- colors, sounds, shapes, or a combination of these.
The trademark needs to be distinctive, and it is ideal to be relevant to the business field in which you operate.
It is important to keep in mind that trademark registration in Hong Kong takes place according to several factors that have to do with the mark itself. We list some of the most important characteristics of the trademark below:
- Distinctiveness: a trademark should be different from those that are already in use by other companies; moreover, a chosen work or combination of words should also be distinctive for the business (for example, an invented word);
- Descriptiveness: the trademark should not clearly describe the goods or services, nor their quality, quantity or purpose; geographical names cannot be used;
- Terms in use: if the proposed mark is a term or a representation that is already in use in the business field, then it is likely to be rejected;
- Similarity: if another trademark that is similar has already been registered by another party, then it will not be accepted (it cannot look or sound the same as an already registered one).
Making sure that all of the above-mentioned points are observed is important when applying for trademark registration in Hong Kong. This is why we suggest that interested entrepreneurs start by conducting a trademark search with the Trade Marks Registry. This is the Search and Preliminary Advice Service offered by the Registry, and it is available. A simple search can reveal if there are any other registered trademarks that are similar to the proposed one in the same class of goods and services (or in similar classes).
Our team of lawyers in Hong Kong can offer you more details about this search and the conditions set forth by the Trade Marks Registry and the Intellectual Property Department.
What are the steps for trademark registration in Hong Kong?
Once the mark has been decided upon based on the preliminary research, the applicant can submit the application to the Trade Marks Registry.
Applications for trademark registrations and those for patents and designs registration can be filed online using the Interactive Service System belonging to the Intellectual Property Department. Special forms exist both for the preliminary search for an existing trademark and the application for registration.
The registration process includes the following stages:
- Application: the initial stage in which the applicant provides the mark and the application form;
- Checking deficiencies: the Registry checks if the application includes all of the needed forms and if they are filled in accordingly;
- Searching and examining: this is the actual examination phase for the trademark; it is evaluated against other existing ones in order to check for similarities;
- Registration: if all goes well, the trademark is published in the Hong Kong Intellectual Property Journal, and then the applicant receives a certificate of registration.
Applicants should take the time to properly fill in the trademark application forms. This is important because once submitted, no significant changes can be implemented. The errors that can be corrected are minor, clerical ones. What’s more, the application fee cannot be refunded.
Trademark registration fees
Individuals interested in requesting these services must pay a certain fee and, in some cases, an additional fee. These include:
- 2,000 HKD: the application fee for the registration of a single trademark in Hong Kong;
- 1,000 HKD: the fee applicable to each additional class of goods or services, when/if applicable;
- 400 HKD: the service fee for using the Search and Preliminary Advice services offered by the Hong Kong Trade Marks Registry;
- 200 HKD: for each additional class of goods or services that is verified, if applicable;
- 800 HKD: the notice of opposition or objection, as well as the one applicable to those who revoke or rectify errors or omissions in the register.
Please note that the fees presented above for using the Trade Marks Registry were valid at the time this article was written. If you are interested in trademark registration in Hong Kong and need updated information, please feel free to reach out to our lawyer.
The rights of a trademark owner in Hong Kong
Trademark registration in Hong Kong offers the advantage of personally owning the said trademark. This means that the owner has exclusive rights and may take legal action against another party that uses the same mark or a very similar one, without consent. One situation in which consent can be awarded is for franchises. In this case, the one who acquires the rights will also have the right to use the trademark, according to the franchise agreement. If this is a topic of interest, our team of lawyers in Hong Kong can give you more information.
As a trademark owner in Hong Kong, you have a set of rights. These include, but are not limited to, the following:
- You may apply for and be granted a court order in order to stop another company or individual from using (infringing) your trademark;
- You can be compensated (monetarily) when such an infringement has taken place and someone has illegally used your trademark;
- You can extend the use of your trademark to another party, in exchange for royalties or as otherwise described in the license-granting agreement;
- You can sell your trademark, and you can choose to gift the trademark or leave it as an inheritance (this can be indicated in one’s will).
Understanding these rights is important, and our team can help all those interested know more about how they can benefit from trademark registration in Hong Kong. What’s more, our lawyers can help those who are interested in applying for an injunction – the court order that helps stop another company from using/infringing an existing trademark.
Trademark management and renewal in Hong Kong
The initial trademark registration in Hong Kong is subject to a protection period of 10 years. After this time, the owner may apply for its renewal, for a successive period of 10 years. If needed, our attorneys in Hong Kong can assist owners with the renewal of their registered trademark.
For example, those who register a trademark in Hong Kong on 10 January 2026 will be asked to renew it for another ten years before it expires on 9 January 2036. If this is done in due time, the next expiry date will be on 9 January 2046, of course, taking into account how business days may affect this schedule.
If the trademark owner does not renew the mark according to its exact expiry date, they can still do so within 6 months after the said date; however, a fee will apply in this case (see below). If no renewal application is lodged within 6 months for an expired trademark, then it will be struck off the register, and another party will be free to apply for its use. This 6-month time limit cannot be extended.
The Registrar aims to prevent accidental trademark losses by sending reminders to trademark owners in Hong Kong.
Those interested in trademark renewal are subject to a fee of HKD 2,670 and a late renewal charge of HKD 500 if they do not submit the renewal application in due time. Moreover, they will pay another HKD 1,340 per additional class.
The request to restore and renew a trademark in Hong Kong is subject to a fee of HKD 4,000 and also HKD 1,340 per additional class. A special form is submitted to the Intellectual Property Department for the purpose of renewal, together with the accompanying fee.
There is no fee applicable to those who are willing to surrender a registered mark.
Trademark classes in Hong Kong
An important issue that needs to be taken into consideration is the selection of the trademark class. When making the submission, the applicant needs to indicate the class of goods and services with which the trademark will be associated. These classes are defined in the Nice Agreement for the International Classification of Goods and Services for the Purposes of the registration of Marks.
The main classes are covered below by our attorneys in Hong Kong:
- Goods: class 1 thru 34 include chemicals, paints, non-medical cosmetics, industrial oils, pharmaceuticals, common metals, machines, hand tools, different types of apparatus and instruments, surgical, medical, dental and veterinary apparatus and instruments as well as those for cooking, heating or cooling, vehicles, firearms, precious metals, musical instruments, paper and cardboard, packing and insulating materials, leather and imitations thereof, non-metal materials for construction, furniture, household or kitchen utensils, ropes and string, textiles, carpets, games and toys, foodstuffs, coffee, tea and cocoa, alcoholic and non-alcoholic beverages, tobacco and its substitutes;
- Services: class 35 thru 45: advertising, business management, insurance, financial and monetary affairs, real estate affairs, constriction services, mining, oil and gas drilling, telecommunications services, transport, packaging and the storage of goods, food and drink preservation, scientific and technological services, industrial services, food and drink services, temporary accommodation, medical and veterinary services, legal services and security services.
Those interested in trademark registration in Hong Kong should keep in mind that the list presented above is not exhaustive. Our lawyers can give you more details about the Nice Classification.
Trademark opposition in Hong Kong
If the trademark registration in Hong Kong proposal does not meet all of the criteria, then it will be objected to. In this case, the applicant has 6 months to meet the requirements (this period can be extended by another 3 months under certain conditions).
The applicant has the right to call for a hearing after the objection was made, and in this case, a hearing officer will issue a decision. One of our lawyers in Hong Kong can provide you with detailed information about the hearing process.
The Hong Kong Intellectual Property Journal is available for public inspection, thus any third party can lodge an opposition to a published trademark. This can take place within three months of the new trademarks’ publication date.
Individuals can respond to a third-party opposition by either withdrawing their application or submitting a counter-statement. Our team of lawyers in Hong Kong can assist you if you wish to oppose an objection; however, it is useful to know that if the applicant loses the opposition proceedings, they may need to cover the costs incurred by the other party.
Each of the parties is offered time to provide sufficient evidence to support their case. The data is presented during a hearing that takes place in front of a hearing officer. He is the one to decide the outcome of the opposition, and it is not uncommon for the winning party to be entitled to an award of costs.
Our representatives can help you file the needed documents for trademark registration. You can contact our Hong Kong law firm for more details on the application process and the applicable trademark laws.