Trademark Registration in Hong Kong
A trademark is a sign that differentiates the goods and services of one trader from those of
others. Typically a trademark can be words, indications, designs, letters, characters,
numerals, figurative elements, colors, etc. A sign must be capable of being represented
graphically for it to be registered as a trademark.
Registering your trademark means that you have the exclusive right to use the trademark
about the goods and services for which the mark is registered. If other traders use it in
Hong Kong, China about the same or similar goods or services without your consent, they may
be liable for infringement of your trademark and you may take legal action.
The registered trademarks are assets, which can be owned, while unregistered trademarks are
not assets. As well, it is easier to protect your rights over a registered trademark. As the
owner of a registered trademark, you will have the exclusive right to use the trademark
about the goods and services for which the mark is registered. If others use your registered
trademark in Hong Kong or a name that is identical or similar to your trademark about the
same or similar goods or services without your permission, you may take infringement actions
against them. Unregistered marks are preserved by the common law action of passing off. You
must prove goodwill or reputation in the unregistered mark and must show that the other
person understated his/her goods or services to be the goods or services under the
unregistered mark and that person’s use of the mark will create your damage. Passing off is
normally a more difficult action to bring than an action for infringement of a registered
Choosing a trademark
Some trademarks cannot be registered, or are more difficult to register, such
A person’s surname, if it is normal to practice surnames in the relevant trade and
that singular surname has been used to a great extent in that trade.
A sign that is descriptive of products or services, such as “modem” for Internet
modems, “email” for computer software products, “cool fresh” or “good nature” for
cosmetic and skincare goods or products.
A sign that is devoid of distinctive characters, such as “wonderful” for processed
nuts and “A New Way” for telecommunications services.
A trademark that is confusingly related to a registered trademark.
What Can Be Trademarked?
A name including personal or surname of the applicant or predecessor in business or
the signature of the person e.g, the name Dhirubai Ambani can be trademarked.
A word which is not being directly descriptive of the character or quality of
the goods / service. For example Google is a word which has been
Alphanumeric or Letters or numerals or any combination thereof. For example 555
Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in
Sound marks in audio format. For ex the sound in the ad jingle.
Who Can Apply For Trademarked ?
Any person or business claiming to be owner can apply for a trademark including
It is preferable that you apply for the trademark as an individual. In a case of a proprietor
or company, if you close or change the name of the business, your trademark will become
invalid. However, in a case of an individual, this problem won’t arise.
Trademark Law in Hong Kong
The legal basis is the Trade Marks Ordinance, Cap. 559 (TMO) in force since April 4th,
2003.Even after the commission of Hong Kong to China, Hong Kong, and China have independent
laws and there is separate trademark law in Hong Kong i.e. TMO. IP rights registered in Hong
Kong will not be automatically preserved in China, and vice versa. The principles of “common
law” practice. Trademark protection is achieved by registration. It can also be obtained by
sufficient public recognition so to establish common law rights.
Rights of Trademark Owners
A registered trademark is personal property. The owner of a registered trademark has
exclusive rights in the trademark which are infringed by the use of the trademark in Hong
Kong without his consent. Generally, a person infringes a registered trademark if in the
course of trade or business the person uses a sign which is identical or confusingly similar
to the registered trademark about identical or similar goods or services. An infringement of
a registered trademark is actionable by the owner of the trademark.
Your rights as the owner of a registered trademark involve but are not restricted to
Right to obtain a court order (called an injunction) to stop a competitor from
infringing your trademark
Right to obtain monetary compensation (called damages or account of profits) from an
infringer that has unlawfully used your trademark
Right to get a court order for delivery up or disposal of infringing articles or
elimination of an infringing mark
Right to grant a license to another person to use your trademark, in return for
royalties and other payments
Right to sell your trademark
Right to make a gift of your trademark in your will.
Procedure For Trademark Registration
Complete our trademark Form
You need to fill our simple online trademark application form & submit documents.
Conduct your trademark search
To make sure that unique logo name filed is available or not, Trademark Search is
executed by experts.
Select Appropriate Class
Depending on nature of your products, we shall suggest the appropriate class of the
Trademark Application filed
We create your Trademark application in 3 days and get your TM number.
Trademark registration completed
Your trademark is registered in 1.5 2 years if no competitor objects to your
Steps to Register Trademark in Hong Kong
- STEP 1: Trademark Search
Registering a Trademark in Hong Kong is SEARCH like in any other country and the
search can be made for checking the availability of Trademark in Hong Kong that can
be done on Trademarkcart. It is legal with an updated informative trademark database
with complete trademark records available online.
- STEP 2: Filling Application
It includes the filing of Application for Trademark Registration. The application
form includes the same details as that of Indian application form for trademark
filing like Details of the Applicant, Trademark class, Agent’s details, goods/
services description. The registry will issue a receipt informing you of the
allotted application number.
- STEP 3: Trademark registration
After applying for the Trademark registration the following step is the examination
of the Application to see whether there are any needs or not. And in case any
missing data is needed in the trademark registry will notify you to give the
information. And if everything is in series the application will proceed to the next
stage search and examination.
- STEP 4: Search and Examination
In this step, the Examiner will examine whether the application complies with all
legal requirements for registration.
The examiner will then give an opinion in writing which will either lay out the
grounds for objection to the mark or confirm the mark is acceptable for
- STEP 5: Application Approval
In this step, if the requirements for registration are not met Registry will object
to the mark. The applicant, have 6 months in which to meet the necessities. A
further 3 months of grace is granted.
The registry will also give an opinion on why the mark does not meet the
requirements for registration and may advise ways of overcoming the objection. If
there is no issue with application it will be provided for publication.
- STEP 6: Publication of Trademark
Once your trademark has been accepted for registration, it is advertised in the Hong
Kong Intellectual Property Journal. Once the application is been accepted by the
Registry and published in the official Gazette there are 3 months. If there is no
opposition within the prescribed period, or if an opposition is overcome, your mark
will be entered in the Trade Marks Register and a certificate of registration will
be issued to you.
Benefits of Trademark Registration in Hong Kong
Trademarks are used throughout the world every day to support businesses interact with the
world and to protect their intellectual property. You might be wondering whether or not you
want a trademark for your business, so we have broken down a few of the best reasons why a
trademark might be right for you.
The registered trademark owner has a legal right over his mark in case of any
misleading or misconduct by the third person for copying your logo, brand name or
lines. Even the trademarks are a greater way to communicate your brand to the world.
One needs to market its product or services with a great strategy to reach the
A trademark gives the advantage to build a brand identity. Trademarks in Hong Kong
are an excellent tool to brand a business product or service that provides the right
customers to find you. This is a valuable tool for your audience to be able to
explain your product or service different from that of others. This is a competing
world and anything that can provide you an edge in that space is going to prove
useful to your business.
Lawful use of Trademark symbol
Registration allows lawful use of ® next to your trademark. You can use the ® symbol
to show that your trademark is registered. If your trademark is unregistered, you
cannot apply the ® symbol, but you may use the ™ symbol. In Hong Kong, the ® symbol
with an unregistered trademark is an illegal practice. A registered trademark is a
corporate asset that is beneficial when making an appraisal of your company in M&A
or IPO situations.
The owner of Registered Trademark holds exclusive rights over the trademark in Hong
Kong. The owner can apply the same for all the products falling under the classes
used. Further, the owner can hold the sole ownership of the Trademark and can hinder
others from the illegal use of the Trademark under the same class where it is
registered. It provides the right to sue the illegal use of the Trademark
Registered. This is the main exclusive advantage a trademark owner has when
registering for a trademark.
Protection against infringement
No competitor or another person can apply the wordmark or logo registered by you
under trademark. But, if in any case one applies it without the approval of the
owner of the trademark or makes any false use of the same, the owner can get the
legal protection under the Act and hinder the person doing so. Registration
guarantees that you can securely use your trademark without bothering about any
accidental infringement on the third party’s trademark. A trademark certification is
the best proof of your claim on the mark.
It makes easy for clients to find your goods. It makes your product or service
different, not quite identical to that of the contemporary and likely contenders and
goes about as an effective promotional tool. The logo can communicate your vision,
quality or one of a kind attributes for your business and any association.
Registration gives you a safe ground to reject any attempt by your competitors to
register a confusingly similar mark. In-country like Hong Kong it allows you to take
legal action upon counterfeiters for copying your trademark.
Name search & approval
Same day Filing
What Is Included In Our Package?
Name search & approval
Same day Filing
|Trademark Consultancy on Class and Availability
|TM Application Filing + Drafting (Our Fees)
||$ 699 + Govt. Fees
Trademark Search in Hong Kong
Trade Mark search permits for targeted searching of intellectual property cases by case
number, owner, date, and more. Trademark search must be satisfied before filing a trademark
application to find likely disputes with existing trademark applications or registered
trademarks. You can do a trademark search by providing the wordmark and the class under
which the search is to be done. Trademark application is organized under 45 different
classes as per the NICE classification for trademark. All of the trademark class serves a
different set of goods and services. In case you need to get the trademark class for a good
or service, you can use our trademark class finder tool. Trademarkcart provide an easy way
to perform a trademark search through this online tool.
Search your trademark in 3 simple steps
Complete our trademark form.
We will generate your Trademark application
Final Wrap-Up of your Trademark Order.
The term “class” as used with trademarks indicates the kinds of services and goods you wish
to register. Basically, you need to put all the services and goods in the classes that they
fall under and also give the class name when filling the application to register the
There is a wide classification as per the World Intellectual Property Organization (WIPO),
used in Hong Kong. The class number varies from Class 1 to Class 45. When applying for
trademark registration, you need also submit a record of all goods and services that you
plan to apply for trademark registration.
The list requires to be based on the kind of goods and services to which it refers. It must
also state the amount of the category in which the goods and services belong. This the
trademark class followed by Hong Kong.
Goods and Services Category
- Category 1: Chemicals for industrial,
scientific and many agricultural activities. Unprocessed synthetic resins, plastics,
fertilizers, fire-extinguishing and compounds preparations for quenching and
- Category 2: Pigments, rust inhibitors, wood
preservatives, colorants, unprocessed natural resins, metal foils and powders for
- Category 3: Laundry bleach and other materials;
cleaning, polishing, stain removal and grinding preparations; soap; spices,
essential oils, cosmetics, shampoo; toothpaste.
- Category 4: Industrial oils and greases,
lubricants, composites for absorbing, wetting and bonding dust.
- Category 5: Medicinal and veterinary
preparations; medical hygiene preparations; nutritious foods and substances for
medical or veterinary use, baby foods; dietary supplements for humans and animals;
plasters, stretch materials; stuffing materials for dental use, dental waxes;
Disinfectant; eliminate harmful animal preparations; fungicides, herbicides.
- Category 6: Ordinary metals and their alloys;
metal building materials; movable metal buildings; metal materials for railroad
tracks; non-electrical cables for ordinary metals; hardware, metal hardware, metal
pipes, safes, ordinary metal products not belonging to other categories.
- Category 7: Machines and their tools, motors,
and engines, non-manual agricultural equipment; incubators and vending
- Category 8: Hand tools and utensils (manual); knives, forks
and spoons; carry-on weapons; razors.
- Category 9: Science, navigation, surveying, photography,
film, optics, scales, gauges, signals, inspection (supervision), ambulance (rescue)
and teaching equipment and instruments; devices for handling, switching,
transmitting, accumulating, regulating or controlling electricity and Apparatus;
means for recording, communicating, reproducing sound or video; magnetic data
carrier, recording disk; optical disk, DVD disk and other digital storage media;
mechanical structure of coin-operated activation device; cash register, computer,
data processing device, computer ; computer software; fire extinguishing
- Category 10: Surgical, medical, dental and veterinary
instruments and instruments, prostheses, false eye and dentures; orthopedics; suture
- Category 11: Lighting, heating, steam generation, cooking,
refrigeration, drying, ventilation, water supply, and plumbing fixtures.
- Category 12: Vehicles; land, air and sea carriers.
- Category 13: Firearms; arms and ammunition; explosives;
- Category 14: Precious metals and their alloys, not belonging
to other precious metal products or articles coated with precious metals; jewellery,
precious stones; watches and clocks.
- Category 15: Musical instrument.
- Category 16: Paper and cardboard, not belonging to other
types of paper and cardboard products; printed matter; binding supplies;
photographs; stationery; stationery or household adhesives; art supplies; brushes;
typewriters and office supplies (except furniture); Except); plastic articles for
packaging (not belonging to other categories); printed typeface; printing
- Category 17: Rubber, guta gum, gum, asbestos, mica, and
products of these raw materials that are not classified; molded plastic products for
production; materials for packaging, filling and insulation; non-metallic
- Category 18: Leather and faux leather, not belonging to
other types of leather and artificial leather; fur; boxes and travel bags; umbrellas
and parasols; canes; whip and harness.
- Category 19: Non-metallic building materials; non-metallic
rigid pipes for construction; tar, asphalt; movable non-metallic buildings;
- Category 20: Furniture, mirrors, photo frames; wood, cork,
scorpion, rattan, wicker, horn, bone, ivory, whalebone and shell.
- Category 21: Household or kitchen utensils and containers,
combs, sponges, and brushes.
- Category 22: Cables, ropes, nets and textile fiber raw
- Category 23: Textile yarn and thread.
- Category 24: Cloth and textiles that are not of the same
type; bed sheets; tablecloths.
- Category 25: Clothing and shoes.
- Category 26: Lace and embroidery, sashes and braids;
buttons, collar hooks, pins and stitches; fake flowers.
- Category 27: Carpets, mats, mats, linoleum and other
flooring materials; non-textile wall slabs.
- Category 28: Gaming equipment and toys; sports and sporting
goods not belonging to other categories; Christmas tree decorations.
- Category 29: Meat, fish, poultry and game, jams, eggs, milk
and dairy products, edible oils and fats.
- Category 30: Coffee, tea, cocoa and coffee substitutes;
rice; edible starch and sago; flour and cereal products; bread, pastries and sweets;
edible ice; sugar, honey, syrup; fresh yeast, baking powder; salt; mustard; Sauce
(condiment); spice; ice.
- Category 31: Cereals and other agricultural, horticultural
and forestry products and malt.
- Category 32: Beer; mineral and soda and other non-alcoholic
beverages; fruit drinks and juices; syrups and other beverage preparations.
- Category 33: Alcoholic beverages (except beer).
- Category 34: Tobacco; smoking articles; matches.
- Category 35: Advertising; business operations; business
management; office affairs.
- Category 36: Insurance; financial affairs; currency affairs;
real estate affairs.
- Category 37: Building construction; repair; installation
- Category 38: Telecommunications.
- Category 39: Transportation; packaging and storage of goods;
- Category 40: Material handling.
- Category 41: Education; provide training; entertainment;
cultural and sports activities.
- Category 42: Scientific and technical services and related
research and design services; industrial analysis and research; computer hardware
and software design and development.
- Category 43: Provide food and beverage services; temporary
- Category 44: Medical services; veterinary services; human
and animal health and beauty services; agricultural, horticultural and forestry
- Category 45: Legal services; services for the protection of
property and personal safety; private and social services provided by others to meet
The procedure for Trademark Registration in Hong Kong is similar to that of the Trademark
registration in India.
Validity Time of Trademark Registration
In Hong Kong, a registered trademark will be legally protected for 10 years from the date of
its certified registration. Trademark registration is valid for up to 10 years from the
filing date of the application and is renewable for similar periods in Hong Kong.
When the renewal is not done as soon as possible, there will still be a grace period of 6
months. It must also be seen that a registered trademark can be asked to be cancelled by any
interested party if the said trademark is not used for 5 consecutive years in the Hong Kong
from the date of its filing.
In Hong Kong the main protection comes from the rule first-to-file and first-to-use function.
Trademark protection in Hong Kong is possible by registration with the Intellectual Property
Department. This step is helpful for business owners who want to use particular items to
identify their business and make it different on the market. It is also necessary for
foreign companies that open a branch in Hong Kong to register details linked with their
The Trade Marks Ordinance and the Trade Marks Rules are 2 major legislative documents that
direct the acceptance and registration of trademarks on the territory of Hong Kong. Some of
the most significant criteria involved in the ordinance demand that the trademark must be
distinctive from other existing ones, it must represent a description of the services given
by the company and it need not be a well-known term in the line of business.
Trade Mark Infringement: Hong Kong’s Approach
In Hong Kong, an illegal use of any mark similar to a registered trademark in the course of
trade or business on identical or similar goods or services registered under the registered
mark, and which creates confusion to the consumers, creates trademark infringement (s.18 of
the Trade Mark Ordinance (Cap. 559) (“TMO”)). A trademark includes words, indications,
designs, letters, characters, numerals, figurative elements, etc any combination of such
Section 18(5) of TMO clarifies the meaning of “use” by providing that a person uses a
sign if he or she:
Applies it to goods or their packaging
Offers or displays goods for sale under the sign
Puts goods on the market under the sign
Stocks goods under the sign to offer or expose them for sale or of putting them on
Offers or supplies services under the sign
Imports or exports goods under the sign
Uses the sign on business papers or in promoting and advertsing
FAQs on Trademark Registration
A trademark is a sign like a logo, word, design, etc. that assists in knowing
your particular services and goods from the many other companies around the
world. When you register a trademark in Hong Kong, you get the right to practice
it with the particular services and goods for which you registered the
trademark. In short, you require to register a trademark in Hong Kong to protect
The process to get trademark registration done in Hong Kong is easy to
understand. Filling the application, provide it for publication and get a
trademark registration certificate. Our expert team will guide all the
documentation and processing of the trademark registration system.
You can contact our team for comprehending the cost of the trademark
registration in Hong Kong. Even you can call us on +1-646-980-2377.
The process to get trademark registration in Hong Kong is Feasibility Check,
Client Signup, Trademark Filing, Application Monitoring and Trademark
The documents required to get trademark registration in Hong kong is Name and
address proof, copy of trademark and Letter of power of attorney.