Registering your trademark provides legal ownership and prevents others from copying or misusing it.
Ensure the trademark is distinctive and not descriptive of the goods/services.
Submit an application to the Intellectual Property Department of the Hong Kong SAR, either online or at the Trade Marks Registry office.
International trademarks are not granted automatically; separate applications are needed for Mainland China, Macau, and other countries.
Securing your brand should be a top priority when starting a business—and trademark registration is one of the easiest ways to do it.
A trademark can be a word, phrase, symbol, or design that sets your products or services apart. Think of the Nike tick or the name Chanel—these trademarks protect brand identity and make them instantly recognizable.
Registering a trademark gives you legal ownership and prevents others from copying or misusing it. This article covers everything you need to know about trademark registration in Hong Kong.
Why Register Your Trademark in Hong Kong?
When your trademark is not registered, it doesn't get any protection under the Trade Marks Ordinance (Cap.559).
While you may still take actions under common law for “passing off,” you will have to establish your goodwill and how the misuse has caused financial losses.
Things to Remember Before You Register Your Trademark
Before applying to register a trademark, make sure your proposed mark meets the key criteria required by the Hong Kong Intellectual Property Department (IPD).
1. The Trademark Must Be Distinctive
For a logo, name, word, or picture to be registered as a trademark, it should be distinct from the crowd. Commonly used words that are in no way associated with your business cannot be considered distinctive. As a result, such words cannot be registered as a trademark.
2. The Trademark Cannot Be Merely Descriptive
Is it a description of your goods and services? You cannot register something as a trademark if it simply describes the goods and services or shows the quality, purpose. For instance: QUALITY HANDBAGS cannot be registered as a trademark.
3. The Trademark Cannot Be a Common Industry Term
If the proposed trademark is a well-known term or representation in your line of business, you cannot register it. For example, ‘V8' for vehicle engines cannot be registered as a trademark.
4. The Trademark Must Be Unique
If someone else has applied for registration or has already obtained registration for the same or a similar trademark, your registration application will be rejected.
Always conduct a trademark search on esearch.ipd.gov.hk before submitting your application.
Prohibited Words
The Hong Kong government doesn't allow an applicant to use certain words as part of the trademark. These include:
- Boogie
- Power Bank
- CompactFlash
- iPod
- Caterpillar
- Karaoke
- Jacuzzi
- Blu-ray
- Popsicle
- Bluetooth
- MacBook
Trademark Registration Process
Trademark Search
Before applying, check if your trademark is already in use. A preliminary search reduces the risk of rejection and legal disputes.
Air Corporate can assist by reviewing existing trademarks and advising on the likelihood of approval.
Avoid using personal names, generic descriptions, or common industry terms. The more unique your trademark, the better.
Submitting Application
Applications are submitted to the Intellectual Property Department (IPD), either online or in person.
You’ll need to provide:
- Completed Form T2
- Applicant’s personal or company details
- A clear image of the trademark
- Description of the goods or services it covers
- Any claims for priority rights
Note: Major changes to the application cannot be made after submission, so ensure accuracy from the start.
Search and Examination
Once your trademark application passes the deficiency check, it moves to the search and examination stage.
1. Search by the Examiner
Once submitted, the IPD examiner will:
- Check for similar trademarks already registered or applied for
- Assess if your trademark complies with the Trade Marks Ordinance
If there are issues, the examiner will raise objections. You’ll have 6 months to respond, with a possible 3-month extension. Common ways to address objections include:
- Amending the application
- Proving the trademark has acquired distinctiveness
- Modifying the trademark representation
- Providing a consent letter from the owner of a conflicting mark
You may also request a hearing if you disagree with the objection.
2. Publication and Opposition
If approved, your trademark is published in the Hong Kong Intellectual Property Journal.
From publication, there is a 3-month window during which third parties can file an opposition.
If opposed, you may:
- Withdraw the application
- Respond and provide supporting evidence for a hearing
A hearing officer will decide whether the trademark proceeds to registration.
3. Registration and Certificate
If no opposition is filed—or if opposition is unsuccessful—your trademark will be officially registered.
You will receive a Certificate of Registration, and the registration details will be published.
Your rights are retroactive from the date of filing.
4. Duration and Renewal
Trademark registration in Hong Kong is valid for 10 years from the filing date.
It can be renewed every 10 years, indefinitely.
What Are the Rights of a Trademark Owner in Hong Kong?
When you register a trademark in Hong Kong, you gain full ownership of it. This means you have exclusive rights to use it, and no one else can copy or use a similar mark without your permission.
If someone does use it without your approval, you have the right to take legal action. However, in some cases, you can allow others to use your trademark, like in a franchise agreement, where another business is given the right to use your trademark under specific terms.
As a trademark owner in Hong Kong, you have several important rights, including:
- Stopping unauthorized use – You can ask a court to issue an order preventing others from using your trademark without permission.
- Claiming compensation – If someone illegally uses your trademark, you may be entitled to financial compensation.
- Licensing your trademark – You can allow another company to use your trademark in exchange for payment (royalties).
- Selling or transferring your trademark – You can sell your trademark, gift it to someone, or leave it as part of an inheritance in a will.
Knowing your rights as a trademark owner helps protect your brand and business. If another company is using your trademark without permission, you can apply for a court injunction, which forces them to stop.
Cost of Trademark Registration in Hong Kong
Anyone looking to request these services will need to pay a set fee, with possible additional charges in some cases.
| Fee Item | Amount (HKD) | Description |
|---|---|---|
| Application Fee | 2,000 | For registering a single trademark in Hong Kong |
| Additional Class Fee | 1,000 | Per extra class of goods or services, if applicable |
| Search and Preliminary Advice Service Fee | 400 | For using the optional trademark search and advice service |
| Verification Fee for Additional Class | 200 | Extra charge for verifying each additional class of goods or services, if needed |
For each additional trademark class in the application, an additional HK$650 is payable.
Class in a trademark application refers to the types of services and goods for which you want to obtain a trademark.
How Long Does a Trademark Last in Hong Kong, and How Can You Renew It?
Once registered, a trademark in Hong Kong remains valid for ten years, starting from the registration date.
To keep it protected, renewal applications should be submitted at least six months before it expires. Renewing on time is essential to maintaining exclusive rights and legal protections.
If the renewal is delayed, an extra fee will be required, but trademark owners still have six months after expiration to renew.
Staying on top of renewal deadlines helps businesses avoid legal risks and continue benefiting from their trademark rights.
What Are the Most Common Mistakes in Hong Kong Trademark Registration?
Mistakes in the Hong Kong trademark registration process can cause delays or even rejection of your application. To improve your chances of success, watch out for these common errors:
- Submitting an incorrect or incomplete form, including missing essential details like contact information.
- Failing to complete the application properly, leading to unnecessary delays.
- Skipping a trademark search, which may result in conflicts with existing trademarks or potential infringement issues.
Choosing a generic or non-distinctive mark can also lead to rejection, as it may not stand out enough in the marketplace.
Misclassifying goods or services can limit protection and even result in application denial.
Additionally, if a trademark is not actively used in commerce, it may lose its legal protection. Being mindful of these pitfalls can help streamline the process and safeguard your brand.
Is International Trademark Registration Possible in Hong Kong?
If you plan to expand your business outside of Hong Kong, it's important to know that your trademark registration only applies within Hong Kong. Trademark laws are unique to every country, and there is no system to grant an international trademark.
If you want your trademark to be protected in Mainland China or Macau, you'll need to file for it separately in both countries.
Set Up Your Business in Hong Kong and Get Your Trademark Registered
Registering a trademark in Hong Kong can be a long drawn process and you might get overwhelmed with all the paperwork.
If you want to start your business in Hong Kong, but don't know where to begin, Air Corporate is here to help.
Right from taking care of incorporation, registering your business, and providing you with a virtual office address — we are here to sort it all out.
So contact us right away and let your dreams of doing business in Hong Kong come true!
Ready to trademark your ideas and IP in Hong Kong?
Register your business in Hong Kong with Air Corporate today, and you'll get professional advice and administrative help when applying for trademarks and copyrights.
