Trademark registration is an important activity for businesses wishing to do business in the Hong Kong market, the rights to the trademark in Hong Kong will be granted to the individual or company using the trademark first.
Requirements when filing a trademark application in Hong Kong
The official languages for trademark registration at the Hong Kong Intellectual Property Office are Chinese and English.
Multiple trademarks can be registered with one application in Hong Kong.
The Hong Kong trademark application must contain the following information: trademark to be registered, request for trademark registration in Hong Kong, information about the applicant(s), list of goods and/or services registration service, priority document (if priority is required), and trademark sample.
No Power of Attorney is required for trademark registration in Hong Kong.
Priority documentation is not required for priority claims. However, the Intellectual Property Office of Hong Kong may require filing. When the priority document is not in Chinese or English, the applicant must provide a Chinese or English translation.
Stage of examination, publication, and objection to trademark applications in Hong Kong
Hong Kong trademark applications are subject to a formal and substantive examination including a distinctiveness test. The application will be published after a successful check of the official requirements. An objection to a trademark application in Hong Kong may be filed within a period of 2 months after the date of publication of the mark.
An objection to a trademark registration may be filed in Hong Kong within three months of the date the mark was published in the Hong Kong Intellectual Property Journal.
Term of validity and renewal of trademark
Official licensing fees are not regulated for trademarks in Hong Kong. Registered trademarks are valid for ten years from the date of application and can be renewed continuously, each renewal granting the trademark an additional 10 years of validity for a renewal fee. Trademarks in Hong Kong may be renewed for six months prior to the expiration of the validity period but no later than six months after the expiry of the validity period.
The trademark registration process in Hong Kong takes about 3 months.
Use requirements
Trademarks in Hong Kong may be canceled if not used within three consecutive years from the date of registration.
Represented by a trademark attorney
For foreign applicants, a trademark search in Hong Kong needs to be done through a law firm, or a trademark registration attorney in Hong Kong.
You can find the list of Hong Kong IP firms here.