Hong Kong Trade Mark

Hong Kong Trademark

Registration · Renewal · Opposition · Professional Agency

📋 What information is needed to file a trademark application?

To file a Hong Kong trademark application, the following core documents are required:

  • Applicant Information — For individuals: name and address; for companies: company name and registered address
  • Trademark Representation — Clear image of the trademark (JPG/PNG recommended). If the mark contains non-Chinese/non-Roman characters, a transliteration/translation is required
  • List of Goods/Services — Specified according to the Nice Classification, clearly described in English or Chinese
  • Priority Documents — If claiming priority, certified priority documents must be filed within 3 months from the application date
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❓ Frequently Asked Questions

Q1: Is proof of use required when filing a trademark application?

A: No. However, if the trademark has not been used in Hong Kong for 3 consecutive years after registration, any person may apply for revocation.

Q2: Which language should I use for the application form?

A: You may choose either English or Chinese as the language of proceeding. The entire form must be completed in the chosen language.

🏷️ How to classify goods and services?

Goods and services must be classified according to the Nice Classification. The current version is the 11th edition, consisting of 45 classes (Classes 1-34 for goods, Classes 35-45 for services).

  • One trademark application may cover multiple classes of goods/services
  • When selecting classes, ensure coverage of all actual goods/services in your business
  • Keep the official receipt as proof of filing, and you may use the ™ mark before registration
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📌 References: WIPO Nice Classification

❓ Frequently Asked Questions

Q1: How can I confirm which class my product falls under?

A: You can refer to the “Common Descriptions of Goods and Services” guide on the HKIPD website, or consult a professional agent to avoid insufficient protection due to incorrect classification.

Q2: Can one trademark be registered in multiple classes?

A: Yes. Hong Kong accepts multi-class applications. Official fees: HKD 2,000 for the first class, plus HKD 1,000 for each additional class.

⏰ When can I file a trademark application claiming convention priority in Hong Kong?

Under the Paris Convention and WTO provisions, an applicant may claim priority in Hong Kong within 6 months from the date of the first application filed in any Paris Convention or WTO member country.

  • Priority must be claimed at the time of filing the Hong Kong application
  • Certified priority documents must be submitted within 3 months from the application date
  • No additional official fee for claiming priority
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❓ Frequently Asked Questions

Q1: What is the purpose of claiming priority?

A: Priority preserves the filing date of the first application, preventing others from registering the same or similar trademark before your Hong Kong application is filed.

Q2: Can I remedy if I miss the 6-month priority deadline?

A: No. Priority must be claimed within 6 months from the first filing date. The right to priority will be lost after that period.

🔍 How does the Trademark Registry examine an application?

The examination process comprises four stages:

  1. Deficiencies Check — Verify that the application form is complete and the trademark representation is clear
  2. Substantive Examination — Check whether the mark is distinctive and does not violate prohibited provisions
  3. Acceptance and Publication for Opposition — After acceptance, the application is published in the Hong Kong Intellectual Property Journal for a 3-month opposition period
  4. Registration and Certificate Issuance — If no opposition is filed or the opposition fails, the trademark is registered and a certificate is issued

If there are no deficiencies and no opposition, the entire process can be completed in as little as 6 months.

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❓ Frequently Asked Questions

Q1: What should I do if my trademark is refused?

A: You may file an appeal within 6 months of receiving the refusal notice. This period can be extended by 3 months. It is advisable to engage a professional agent to assess the grounds for refusal.

Q2: What if someone opposes my application during the publication period?

A: Upon receiving an opposition notice, you must file a counter-statement within 3 months. Contact a professional agent promptly to assess the opposition grounds and decide on a response.

✅ What are the registration requirements?

A trademark must meet two core requirements for registration:

1. Distinctiveness
The trademark must be capable of distinguishing the applicant’s goods/services from those of others. Overly simple or generic terms generally lack distinctiveness.

2. No Conflict with Earlier Marks
The trademark must not be identical or similar to any earlier trademark registered or applied for in respect of the same or similar goods/services.

Registrable trademark types in Hong Kong include: word marks, figurative marks, 3D marks, color marks, sound marks, scent marks, collective marks, certification marks, and defensive marks.

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❓ Frequently Asked Questions

Q1: What kinds of trademarks lack distinctiveness?

A: For example: marks consisting solely of generic terms, marks that directly describe the quality or use of goods, and simple shapes or lines lacking inherent distinctiveness.

Q2: Does Hong Kong allow series trademarks?

A: Yes. Hong Kong allows up to 4 similar trademarks to be filed as a series in a single application.

📅 What is the term of a registered trademark?

A Hong Kong registered trademark is valid for 10 years, calculated from the application date.

  • Renewal Period: Renewal applications can be filed within 12 months before the expiry date
  • Grace Period: Renewals can still be processed within 6 months after expiry, subject to an additional fee
  • Renewal Term: Each renewal extends protection for another 10 years, renewable indefinitely
  • Renewal Fee: Official renewal fee is HKD 2,670 per class
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❓ Frequently Asked Questions

Q1: Is actual use required after registration?

A: Yes. Under Hong Kong’s Trade Marks Ordinance, if a trademark has not been used in Hong Kong for 3 consecutive years after registration, any person may apply for revocation. It is recommended to keep evidence of use (e.g., sales records, advertising materials).

Q2: What if I miss the renewal deadline?

A: There is a 6-month grace period after expiry to renew with a surcharge. If still not renewed after the grace period, the trademark will be permanently removed from the register, and a new application will be required.

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