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.