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Securing your trademark in Hong Kong protects your brand, prevents unauthorised use, and gives you exclusive rights across the SAR. Our team at Brealant guides you through every step of a seamless IP registration process.
Legal Definition of a Trademark in Hong Kong
A trademark registration in Hong Kong is a legally recognised sign, capable of graphical representation, that distinguishes the goods or services of one business from another.
Purpose and Function of Trademarks in Hong Kong
Under the Trade Marks Ordinance (Cap. 559), a registered trademark safeguards your brand's identity and reputation by providing legal protection administered by the Intellectual Property Department. Registration gives your business exclusive rights to use, license, or assign your mark, enhancing recognition and trust.
Protecting Your Trademark
A registered trademark covers distinctive elements like words, logos, and other signs capable of graphical representation. Partnering with experts in Hong Kong trademark law helps maintain your brand integrity and prevent imitation.
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Contact
Reach out to Brealant, your trusted trademark agent in Hong Kong, to discuss your trademark needs.
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Search
Request a FREE trademark search in Hong Kong to ensure your brand's uniqueness.
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Quote
Receive a service quote tailored to your filing requirements.
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Pay
Proceed with secure payment for the selected services.
File
Brealant submits your trademark application to the Intellectual Property Department.
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Wait
Await the Registry's response; response times vary. Check our country page for time estimates, or contact us for case-specific guidance.
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Response
Receive the Registry's decision, which may include your official certificate of registration.
In Hong Kong, a trademark is a legally recognised sign capable of distinguishing a company's goods or services from others in the market. Governed by the Trade Marks Ordinance (Cap. 559) and administered by the Trade Marks Registry, a registered trademark grants you exclusive rights to prevent others from using similar identifiers that may cause consumer confusion.
Trademark registration in Hong Kong provides significant advantages for your business in securing your brand identity. Once registered, you have exclusive rights concerning specific goods or services across the SAR. This legal protection prevents competitors from using or imitating the trademark, helping build consumer trust and recognition.
Certain elements cannot be trademarked under Hong Kong law, including
Generic Terms
Common words or phrases that describe the product (e.g., 'bakery' for a bakery).
Descriptive Words
Words that simply describe characteristics, quality, or geographical origin of goods (e.g., 'fresh' or 'Hong Kong').
Marks Contrary to Public Policy
Marks that are contrary to public policy or accepted principles of morality, or likely to deceive the public.
Specially Protected Emblems
Marks incorporating state emblems, official Hong Kong SAR or national symbols, or other specially protected signs.
Common Surnames
A surname in common use, unless proven to have acquired distinctiveness through extensive use.
The Trade Marks Registry evaluates applications to ensure that these non-registrable elements are not part of the proposed trademark.
A registered trademark in Hong Kong protects various elements that identify and differentiate a brand. The protection extends to
Words
Unique brand names, slogans, and taglines.
Logos
Distinctive graphical elements representing the brand.
Combined Marks
Word and device elements registered together as a single distinctive mark.
Non-Traditional Marks
Signs such as distinctive shapes or other marks capable of graphical representation and of distinguishing your goods or services.
By partnering with IP experts in Hong Kong, you can ensure your brand is safeguarded from infringement and prevent customer confusion or loss of trust due to imitation.
The registration process for a trademark in Hong Kong typically involves
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Application Submission
Once the application is filed with the IPD, it is examined on absolute and relative grounds, generally within 2 to 3 months.
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Examination
If the application has any issues, the Registrar will issue an examination report, giving the applicant a set period to address the concerns.
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Acceptance and Publication
If accepted, the trademark is published in the Hong Kong Intellectual Property Journal for a 3-month opposition period.
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Registration
If no opposition arises, the trademark is officially registered, with the certificate issued shortly after the opposition period concludes.
Where no objections or oppositions arise, the process can be as short as around 6 months, though it more commonly takes 6 to 8 months depending on the specifics of the case.
The cost of trademark registration in Hong Kong varies depending on the number of classes (categories of goods or services) the trademark covers
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Typically around HKD 2,000 for the first class, plus approximately HKD 1,000 for each additional class, when filed with the IPD.
When using the services of a trademark agent in Hong Kong, there may be additional fees for their assistance in the search, application, and examination stages.
These costs represent a valuable investment in securing a brand's exclusive rights and protecting it against infringement.
Once registered, a trademark can be actively monitored and enforced to ensure others are not using similar marks that may confuse customers. Businesses often partner with IP professionals to monitor potential infringements, maintain renewal timelines, and manage licensing agreements, strengthening their market position in Hong Kong.
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In Hong Kong, a trademark is a legally recognised sign capable of graphical representation that distinguishes a company's goods or services from those of others.
Copyright protects original works like art and music, while a trademark protects brand identifiers like logos and names that distinguish products or services in the market.
A registered trademark in Hong Kong is valid for 10 years from the date of registration, with the option to renew indefinitely in further 10-year terms.
Hong Kong trademark law dictates that generic, purely descriptive, or deceptive terms, specially protected emblems, and common surnames without acquired distinctiveness generally cannot be trademarked.
The on-time renewal fee for a trademark in Hong Kong is typically around HKD 2,670 per class, rising to around HKD 3,340 per class if renewed late.
Any individual or company, whether based in Hong Kong or overseas, can apply — there is no requirement to be a local resident or already trading in Hong Kong, though overseas applicants typically appoint a local agent to handle filings.
Assuming no objections or oppositions arise, registration in Hong Kong typically takes around 6-9 months from filing, covering examination, the 3-month publication/opposition window, and issue of the certificate.
Yes, if you file in Hong Kong within 6 months of a first application in another Paris Convention country, you can claim that earlier filing date as your priority date.
The IPD issues a certificate of registration confirming your exclusive rights in Hong Kong for the mark and classes covered, which you can then rely on to enforce against infringers.
Yes, Hong Kong follows the Nice Classification system, and protection only extends to the classes covered by your application — Brealant advises on the right class coverage for your business.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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