As a global investment hub, Hong Kong enjoys a strong position. Its legal system, IP framework, and tax laws extensively favor overseas companies and entrepreneurs. Speaking of the IP framework, Hong Kong facilitates strong IP protection for domestic and international companies.
Although Hong Kong has not yet joined the MADRID system, its IP framework still provides sufficient protection against infringement and costly litigation. If you are preparing to file for trademark registration in Hong Kong, this guide can be of great help, as it clearly explains how to register a trademark in Hong Kong, legal nitties-gritties, paperwork, and regulations.
What is a Trademark?
A trademark is typically any sign(logo), letters, words, phrases, indications, designs, characters, colors, sounds, numerals, or any combination of these. A trademark is considered a business asset as it helps customers identify the company’s offerings.
When you register a trademark in Hong Kong, you get the rights to use it with the particular services and goods for which you registered the trademark. In short, you need to register a trademark in Hong Kong to protect your business.
Duration of a Trademark
Under the Hong Kong Trade Marks Ordinance Cap.559 (section 49), the trademark registration in HK stays valid for 10 years. Renewal of a trademark before a specified deadline is essential for continued protection.
Registered vs Unregistered Trademark
A registered trademark in Hong Kong is a property right. It is the result of the successful registration of the trademark under the Hong Kong Trade Marks Ordinance. The registered trademark qualifies to use the ® symbol, which is a symbol of trust, quality, and assurance.
On the contrary, an unregistered trademark can only use the ™ symbol instead of the ® logo as a part of compliance.
Trademark Registration in HK: A 2026 Step-by-Step Guide
It should be noted that the trademark registration application can be made online or filed physically with the Registrar of Trade Marks.
Step 1: Trademark Search
Navigate to the Hong Kong Intellectual Property Department (IPD) Trade Marks Search System to verify the trademark availability. If your proposed mark conflicts with the search results, it cannot be registered.
Step 2: Filling Application
The application form contains the details of the applicant, Trademark class, Agent’s details, and goods and services description. The registry will issue a receipt with the allotted application number.
Step 3: Trademark Registration
After applying for the Trademark registration, the following step is the examination of the application to see whether there are any objections. In case any missing data is required in the trademark registry, the authority will inform you via registered contact details. If everything is in series, the application will proceed to the next stage of search and examination.
Step 4: Search and Examination
In this step, the examiner will verify whether the application complies with all legal requirements for registration. The examiner will give an opinion in writing which either confirms the mark is acceptable for registration or lays the grounds for objection to the mark.
Step 5: Application Approval
In this step, if the requirements for registration are not met, the registry will object to the mark. The applicant has six months to meet the necessities. A further three months of grace will be granted, depending on the applicant's response.
The registry will also give an opinion on why the mark does not meet the requirements for registration and may advise on ways to overcome the objection. If there is no issue with the application, it will be provided for publication.
Step 5: Publication of Trademark
Once your trademark is approved, it will be advertised in the Hong Kong Intellectual Property Journal. If there is no opposition in the prescribed period, or if opposition is overcome, your mark will be entered into the Trade Marks Register and a certificate of registration will be issued to you.
Can a Trademark Registered in Hong Kong avail of International Protection?
No, in Hong Kong, the trademark protection is territorial, meaning it would be of no use in other countries. If you seek international protection, you can file an application under the MADRID System, but there is a catch.
The MADRID system currently offers coverage in 131 countries, and Hong Kong is not among them. So, applications originating in Hong Kong may be rejected by the WIPO (the international authority governing the MADRID System). To overcome this, you can follow these simple steps:
- Step 1: Establish a legal presence in one of the member nations of the MADRID system. You can do so by establishing a branch office and pursuing tangible commercial activities.
- Step 2: File a standard national trademark application with the IP office of that chosen member country.
- Step 3: Once the Basic Mark is filed, you submit your International Registration (IR) through that same IP office (your Office of Origin).
Hong Kong Trademark Registration: Key Takeaways
- The trademark protection in Hong Kong is territorial, meaning it may not be relevant in other countries.
- Every trademark during the registration process is subject to a public objection. Any opposition can delay the registration process.
- The registry may enquire with you if any information is found to be missing. You must respond in a timely manner to maintain the continuance of the process.
- To avail trademark protection outside Hong Kong, you must file a separate application.
- To register under the MADRID system, the trademark must be registered in one of the member countries.
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