Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Hong Kong Trademark Registration
Protect Your Brand in Hong Kong Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Hong Kong, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Hong Kong and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in Hong Kong
Discover how our services help protect and strengthen your brand in Hong Kong.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
Search .HK DomainsFrom our Blog
National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
Can you claim priority for a trademark in Hong Kong?
The priority date helps decide which trademark was filed first when there are competing applications. The date from the Convention or WTO application won't be considered.
What steps must I take to meet the usage requirement for my trademark?
To protect your trademark from being challenged for non-use, make sure to use it within three years of its registration date.
The use doesn't have to be extensive, but it must be "genuine" and take place in Hong Kong.
What is the duration of the opposition period?
The opposition period starts on the day the application details are published in the Hong Kong Intellectual Property Journal.
The opposition period concludes three months after the publication date of the application in the Hong Kong Intellectual Property Journal.
If I register my trademark in Hong Kong, will it be protected in other regions?
Registering your trademark in Hong Kong SAR only protects it within that region. It does not provide protection in other countries.
Can a registration be canceled?
Registration can be canceled for the following reasons:
- The mark is descriptive.
- The mark lacks distinctiveness.
- The mark is misleading, deceptive, or disparaging.
- The mark serves a functional purpose.
- The mark is a protected armorial bearing, flag, or State emblem.
- The mark is generic or commonly used in the current language.
- The mark is a geographical indication.
- The mark poses a threat to public policy or morality principles.
- The mark is a badge or emblem of particular public interest.
- The mark misrepresents the product's nature or is used misleadingly.
- The mark is prohibited in Hong Kong.
- The registration was made in bad faith.
- There was a failure to comply with any condition or policy during registration.
- The mark has not been genuinely used in Hong Kong by the owner.
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registered is about 9 months, as long as there are no objections or challenges.
What are the steps involved in the trademark application process in Hong Kong after filing?
- Formal requirements
- Correct classification
- Clarity of the trademark
- Descriptive nature
- Distinctiveness
- Potential to deceive
- Conflicts with existing trademarks
- The trademark itself
- Applicant's name
- Applicant's address
- Application number
- Date of application
- Goods or services covered
- Priority claim details
- Trademark representation
How many trademark applications should I submit?
The number of applications you should file depends on your mark's features, your budget, and the level of protection you want in Hong Kong.
If your trademark includes unique text and design elements, and you want both protected, we suggest filing two trademark applications: one for the text (as a "Word Mark") and another for the design (as a "Combined Mark").
Filing two applications offers these benefits:
If your trademark includes a slogan or a unique design symbol, consider filing separate applications for each to ensure extra protection.
Does registering a trademark in Hong Kong provide any legal rights?
You don't need to register a trademark to have rights to it. Simply using the trademark first can establish your ownership, as Hong Kong follows a 'first to use' system.
Should I register my trademark in the local language characters?
Yes, to ensure wider and stronger protection in Hong Kong, it's advisable to register your trademark in local characters.
If you only register your trademark in its original form (Latin characters), it might not fully protect its equivalent in the local language. This could allow others to use or register the same or a similar trademark in local characters.
Besides the legal advantages, registering and using your trademark in local characters can also offer commercial benefits. People in Hong Kong will find it easier to recognize and pronounce your brand if it's in a familiar script.
By registering your trademark in both its original form and local transliteration/translation, you can better safeguard against potential infringements.
Who is eligible to challenge my trademark application?
These parties can challenge a trademark application:
- anyone with a vested interest
- the holder of a prior right
- a license holder
¿Cuáles son los derechos que se obtienen al registrar una marca?
Al registrar una marca, el titular obtiene varios derechos: el uso exclusivo de la marca y los beneficios del registro; la capacidad de oponerse a solicitudes de marcas que puedan causar conflictos; la posibilidad de solicitar la cancelación de registros conflictivos posteriores; el derecho a denunciar a terceros que usen marcas que puedan causar confusión; la opción de otorgar licencias a terceros para el uso de la marca; la facultad de pedir a las autoridades aduaneras que confisquen productos falsificados; y el derecho a recibir compensaciones por daños y perjuicios causados por la infracción de la marca registrada.
Sure! Here's a rewritten version of the question: "Is it necessary to sign a Power of Attorney for a trademark application?"
Signing a Power of Attorney is not necessary for a trademark application.
Do I need to use my trademark before applying for registration?
You don't need to show that you're already using the trademark or plan to use it when you apply.
¿Es obligatorio usar mi marca antes de solicitar su registro?
No es necesario que los solicitantes usen la marca o tengan planes de usarla antes de registrarla.
How long is a trademark valid once it has been registered?
A trademark registration is valid for an initial period of 10 years.
What rights do you gain by registering a trademark?
Registering a trademark grants the following rights:
- Exclusive rights to use and benefit from the trademark
- Ability to oppose later applications that conflict with your trademark
- Right to seek cancellation of a later conflicting trademark registration
- Right to sue for infringement if another mark is confusingly similar
- Ability to license the trademark to others
- Right to ask customs to seize counterfeit products
- Right to claim damages from those infringing on the trademark
¿Es posible reclamar el derecho de prioridad en Hong Kong?
La fecha de prioridad se emplea únicamente para establecer cuál derecho de marca se registró primero en casos de solicitudes en conflicto. No se aplicará el Convenio ni la solicitud por la OMC.
Still have questions?