Register a Trade Mark in Hong Kong
Hong Kong trade mark law is governed by the Trade Marks Ordinance (Cap. 559) of 4 April 2003 and the Trade Marks Rules (Cap. 559A). Both of these are available in English. In common with other jurisdictions, Hong Kong trade mark registration is territorial and confers no rights outside of Hong Kong. Making things more complicated is the fact that some trade mark registration providers seem to be confused about whether Hong Kong is a first-to-file or first-to-use jurisdiction. (Answer: it is first-to-file, with some exceptions.) Expert help is highly recommended when registering a trade mark in Hong Kong.
Additional Class in Hong Kong
Hong Kong Trade Mark One-Stop-Shop
We provide everything you need to register and thereby protect your trade mark in Hong Kong.
We will have your trade mark ready for you in 720 days.
Best Customer Support
Our team of trade mark experts will advise you on anything and everything you need to properly register your trade mark in Hong Kong.
Our trade mark registration package takes care of everything you need to register your trade mark in Hong Kong, including advice on strategy and classification.
- Trade mark search
- Advice on strategy
- Advice on classification
Copyrights, Designs, Patents And Trade Marks
A copyright is a form of protection provided to authors for their original work. This includes creative and intellectual work like:
The owner has exclusive rights to reproduce, distribute or perform the work publicity.
Copyright do not require registration and the owner will have protection in most countries.
A trademark is a sign which distinguishes a company’s product or service from its competitors. A trademark can be a:
The owner has exclusive rights touse the trade mark and legally prevent its unauthorized use.
Trade marks are specific to a country or a union like the EU. Trade marks for 10 years.
A patent is an intellectual property right granted by the government to an inventor for the exclusive exploitation of their invention.
The owner has legal rights to exclude others from making. using or selling the patent.
Patents are specific to a country. A patent normally lasts for 20 years.
A registered design is protection provided to the appearance of a product or part of a product. It defines how a product looks.
The owner has legal protection from others copying the design for their product.
Registered designs are specific to a country. A registered design normally lasts for 25 years.
Trade Mark Search
The Special Administrative Region of Hong Kong has far less trade mark applications than Mainland China, but it is still imperative to conduct a thorough trademark search before filing for a trademark in Hong Kong.
Advice on Strategy
Registering a Hong Kong trademark requires an overall strategy to ensure the highest possible chances of success. We will assist you with an overall trademark registration strategy.
Advice on Classification
There are 45 classes into which a trademark can fall. Assigning your Hong Kong trademark into the correct categories is crucial to avoid deficiencies in the filing.
Once we have established a proper strategy and classification for your Hong Kong trademark, we will take care of all the complexities involved in filing your trademark’s application and keeping tabs on its progress!
How it Works
Check the product out in your shopping cart
Simply add the product you need to your shopping cart and then check it out to start your Hong Kong trademark registration process.
Answer some questions
We will send you some simple questions for you to fill in so that we can properly prepare for registering your trademark. If needed, we’ll get in touch with you directly for more information.
Sit back and relax
Let us do the work to set up your Hong Kong trademark. We’ll get in touch with you any time there is something that needs to be addressed.
You might want to celebrate after the trademark is approved. It’s a huge achievement. We’ll celebrate right along with you!
See What Our Customers Say
“Thanks to Start My Business, registering a trademark in Hong Kong was a relatively easy proposition. ”
All ran smoothly
“Start My Business ensured that my trademark application in Hong Kong ran as smoothly as possible.”
All the help I needed
“Start My Business gave me all the help I needed to register my trade mark in Hong Kong, as well as provided me with vital advice to consider registering it in China as well. Much appreciated!”
Here are some common questions about registering a trademark in Hong Kong.
Is Hong Kong first-to-file or first-to-use?
As per Trade Marks Ordinance (Cap. 559) (5.1.a), Hong Kong is a first-to-file jurisdiction except where a mark is well known (5.1.b), in accordance with section 3.b. of the Paris Convention. Sometimes, unregistered trademarks can also be protected under the “law of passing off”. See below for more details.
How long is a Hong Kong trade mark valid for?
Trademarks registered in Hong Kong must be renewed every ten years.
Does obtaining a trade mark in Hong Kong trade confer protection in China as well?
Definitely not. You must register a trademark in China separately to receive protection there. This is highly recommended and must be done way in advance of product launch if you ever plan to do business in China.
If I have an unregistered trade mark in Hong Kong, how can I protect myself against someone trying to register my trade mark?
Although Hong Kong is a “first-to-file” jurisdiction, it does allow some leeway for first-to-use cases.
In addition to the concessions granted for “well-known” marks as per the Paris convention, other unregistered marks might be able to be protected if the owner of the unregistered mark can prove:
- Goodwill in the unregistered trademark
- Misrepresentation caused by the other party’s mark (confusion amongst consumers)
- Damages incurred to the goodwill or business of the unregistered trademark owner
What if I register a trade mark “to be safe” but don’t use it for some time?
If a trademark remains unused for a continuous period of three years in Hong Kong it might be open to being revoked if a third party challenges its validity. As with all matters of trademark law, this is not as black and white as it sounds, and there are exceptions to the statement of “non-use”. Please always check these matters of law with an expert.
What will happen to Hong Kong trade marks after 2047, when the “one country, two systems” policy comes to an end?
We, along with the rest of the world and local residents of Hong Kong, wish we knew the answer. Either way, it is currently necessary to register a trademark in Mainland China in addition to Hong Kong if you wish for the mark to be protected in both jurisdictions.