Hong Kong Trademark Registration

In Hong Kong, registration is not strictly mandatory to obtain trademark rights, because prior use of a trademark can be recognized. However, in practice, registration is strongly recommended. A registered trademark enjoys a presumption of ownership, which makes it easier to enforce your rights, prevent future ownership disputes and act against infringement or misuse by third parties.

Trademarks are registered with the Hong Kong Intellectual Property Department IPD. Although the People’s Republic of China has sovereignty over Hong Kong, China and Hong Kong maintain separate registration systems, and a trademark registered in China does not have validity in Hong Kong, nor does it grant trademark protection in Macau.

Prior use of the mark in Hong Kong is not required to file or register, but it can be very helpful to show that the mark has acquired distinctiveness if the office objects that it lacks inherent distinctiveness.

If you register a combined trademark (word + logo), your exclusive right is limited to the exact configuration in which it is filed and registered. If you want to use the word element and logo separately, it is advisable to file additional trademarks for each element.

For trademark assessment (search) reports, the trademark must be in the Latin alphabet, and only other trademarks in the Latin alphabet will be taken into account. If your trademark is composed of **Pinyin or Hanzi characters (Chinese writing) and you want the search to include such trademarks, you should contact us; additional fees will apply.
Likewise, if you want the figurative or design elements of your trademark to be considered in a Hong Kong trademark search report, please contact us directly so we can confirm availability and pricing for this service.

To register a trademark in Hong Kong, you will generally need to provide:

• The name or logo you want to register
• The applicant’s details

No documents are necessary.

If any additional information or country-specific formalities apply, your iGERENT consultant will confirm the exact requirements and guide you through each step.

The average time frame to register a trademark in Hong Kong is around 4 months for straightforward cases. This is an estimated processing time, based on current application timeframes, and may vary considerably depending on the circumstances.

Once registered, a trademark in Hong Kong has a validity of 10 years from the filing date. It can be renewed indefinitely for further periods of ten years.

• Renewal can be requested during the six (6) months before the expiry date.
• After expiry, the trademark can still be renewed within six (6) months upon payment of late fees.
• A further six (6) months extension may be available if valid reasons are provided for the delay, but whether those reasons are accepted is at the discretion of the trademarks office.

If a registered trademark is not used within three (3) years after the registration date, it becomes vulnerable to cancellation for non-use. The use can be minimal, as long as it is considered genuine.

Yes. In Hong Kong, it is possible to file an opposition against a trademark application:

• The opposition can be filed within three (3) months from the publication date of the application.
• Within this period, an extension of a further two (2) months can be requested.

The probability of success will always depend on the specific circumstances of each case and the degree of similarity between the marks and their goods or services.

Use is not required to file or obtain registration in Hong Kong, and there is no obligation to have used the mark before applying. However:

• If the trademark is not used within three (3) years after the registration date, it becomes vulnerable to cancellation for non-use.
• The use does not need to be extensive, but it must be genuine.

Prior use of the trademark can also help to show that the mark has acquired distinctiveness, which may be important if the office raises objections based on lack of distinctiveness.