How to Register a Hong Kong Trademark: Complete Step-by-Step Guide

I. GENERAL

A. Right Afforded by registration

First to file principle.

Registration is mandatory to establish rights.

B. Time Frame for Obtaining Registration

About 10 to 12 months for a regular prosecution without opposition.

C. Requesting 

Neither actual use nor intent to use is required for application;

No Legalization, No Notarization.

II. PRE-FILING

A. Registrable Trademarks

A trademark shall refer to any sign with distinctiveness

Words;

Designs;

Symbols;

Colors;

Three-dimensional shapes;

Motions;

Holograms;

Sounds; 

Olfactory.  

In addition to regular trademark registrations, the following types of trademarks are registrable:

Collective marks;

Certification marks;

Defensive marks;

Service marks.

B. Searching

The Trademark Registry provide fee-based “Search and Preliminary Advice Services”, while the pre-filing search is also available on esearch.ipd.gov.hk. 

III. FILING

A. Requirements

Name of the applicant;

Address of the applicant;

Country of applicant;

Description of trademark;

Representation trademark;

List of goods/services;

Power of attorney.

B. Priority

An application filed in any of the WTO member countries within the latest six months (The corresponding application should be the one first filed for the mark around the world).

C. Classification

Nice Classification System

One application can cover multiple classes of goods or service

IV. RENEWAL

10 years from the publication date of registration. 

The duration of each renewal is 10 years.

A request for renewal should be made within 6 months before the date of expiry of the period of the trademark right.

The number of times of renewals is not limited.

V. OPPOSITION

Within 3 months from the publication date.  

VI. HEARING 

A hearing is scheduled by the Trade Mark Registry after all necessary evidence/documents have been filed.