Hongkong trademark registration

The government body responsible for registration and maintenance of trademark registration is the Intellectual Property Department (IPD) of the Hongkong Special Administrative Region (HKSAR).

Hongkong trademark law

The trademark law of Hongkong is based on the trademarks Ordinance Cap. 559, which came into force on 4 April 2003 and repealed the trademark Ordinance Cap 43. The system established by this legislation is entirely separate to the system used in the People's Republic of China, pursuant to the "one country-two systems" policy. The superseded law and the current law share many similarities with the relevant legislation in the United Kingdom, a similarity which is also facilitated by TRIPS.

The new law introduced various substantive and procedural changes, such as expanding the legal definition of a trademark; including or broadening protection for certification marks, collective marks, and well-known trademarks; reducing the period of non-use for revocation purposes from five to three years; and simplifying and streamlining procedures for the registration of assignments, and "registrable transactions" such as licenses.

Hongkong trademark registration procedures

Conduct a pre-filing search online or request the Intellectual Property Department to carry out an official search --> Confirmation of availability (by way of search reports issued by Hongkong IPD --> Submission of trademark registration application forms --> Official examination of registrability --> (if accepted) Publication in Government Gazette --> (if no objections received) Issuance of Certification of Registration.

Required documents for the registration of a trademark in Hongkong

1. The name and residential/correspondence address of the applicant, if the applicant is an individual; company name and registered office/business address, if the applicant is a corporation.

2. The list of the goods or services to be covered by the proposed mark. If protection is sought for a whole class, a precise list of the goods or services should be mentioned.

3. Fifteen print-outs of the mark for each application in each class.

4. A certified copy of the convention application along with a certified English translation thereof if convention priority is to be claimed.

Time needed for the registration of a trademark in Hongkong

Currently it is taking between 8 - 12 months for a mark to go through the process unopposed.

Period of protection of Hongkong trademarks

The registration date (once your mark is approved) dates back to the actual date that you applied for registration.

The trademark registration is valid for ten years from the registration date (so it will not be 10 years from approval, but 10 years from submission date).