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Registration of Hong Kong Trademark

Although Hong Kong has become the special administrative region of China since its return on 1 July 1997, Hong Kong enjoys high degree of autonomy and has its own legislature, and the capitalism system is retained.

The Trademark Law in Hong Kong follows the Anglo-American legal system as that in Great Britain, and is established with reference to the Trademark Law of United Kingdom of Great Britain. In Hong Kong, first-to-use principle prevails the first-to-apply principle for trademarks. The Intellectual Property Department of Hong Kong is responsible for the general matters of trademarks and patents of Hong Kong.

The classification of Hong Kong trademarks, which is the same as the international classification, covers 45 categories under two main streams of services and goods. The goods mark, service mark, series mark, certification mark, defensive trademark, shape mark and scent mark can all be registered in Hong Kong.

Required Information
  • Name and address of the applicant
  • Goods or services to be applied for
  • Graphic design of the trademark (with the description of its meaning, and a clear image with resolution no less than 300×300)
Procedure
  • Application submission
  • Deficiency checking of application
  • Search and examination
  • Hearing
  • Announcement of application
  • Registration (if no opposition is received)
Required Time

6 to 9 months

Validity

10 years

Renewal upon Expiration

The renewal of each renewal will be valid for 10 years.

Elements of Composition
  • It shall have distinctiveness, and can be distinguished from other applicants’ goods or services.
  • It shall not be the description of goods or services, for example, “FRESH AND NEW”, or “NEW YORK FASHION”.
  • It shall not carry the general language of a particular industry.
  • No geographical name is allowed.
  • No other identical or similar trademarks shall have been registered or applied for registration by others with respect to the same or similar goods or services.
Matters to be Noted

Any one who uses a mark identical with or similar to the registered trademark of the same or similar goods or services in Hong Kong without permission will be an infringement of rights.

Where the goods or services are marketed in mainland China, the trademarks shall also be registered in mainland China, or else it will be an infringement of rights.