Trademark application Hong Kong

Trademark registration Hong Kong

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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Hong Kong?

The costs of trademark registration in Hong Kong depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a registered trademark in Hong Kong?

Registering a trademark in Hong Kong is not required to obtain exclusive trademark rights over it, as previous use can be demonstrated. Despite this, registration is recommended, as it reinforces the presumption of ownership. Before you register a trademark in Hong Kong, you do not need to have it in use yet. If this is the case, then you are stronger in the field of distinction. Distinctiveness is essential for brand approval.


What should you pay attention to when filing a trademark in Hong Kong?

If you want to register a trademark in Hong Kong, you should keep in mind that the Latin alphabet must be used. Applications in other languages will not be accepted. If you want to register a trademark in Hong Kong that is drawn up in Chinese script, this must be taken into account during the trademark search. Goods and services are classified according to the Nice Classification. It is possible to register multiple classes. The eleventh edition of the Nice Classification is currently in force. This edition has been in effect since January 1, 2021.


What is the consequence of the situation between Hong Kong and China for a mark?

Anyone wishing to apply for trademark protection in Hong Kong should contact the IPD, the Hong Kong Intellectual Property Department. Although the People’s Republic of China has sovereignty over Hong Kong, both territories have separate registration systems. A trademark registered in China is therefore not valid in Hong Kong. The same is true the other way around: trademark protection in Hong Kong only applies in this special administrative region of the People’s Republic of China and not in China or Macau.


How do you apply for a combined trademark in Hong Kong?

If you want to register a trademark in Hong Kong, this can be a single or a combined trademark. The latter is the case when it consists of both a word element and a figurative element. Protection granted to such a combined mark applies only to this exact composition. If you want to be able to use the word element separately from the logo or vice versa, it is wise to submit a separate application for this.

Anyone who does not record the element of a combined brand that can be used separately may run into a problem in the future. Since this separate element will not be registered as such, this need not be taken into account in future registration applications by other entrepreneurs. In practice, this means that people can use this part of your brand without any problems. You can only object to this if you offer products or services that have a confusing resemblance to your product or service.


Why to perform a trademark search

Before applying for a trademark in Hong Kong, it is important to investigate whether someone else has already registered this trademark and whether other entrepreneurs have an application currently pending. A trade mark search tells you which goods or services may exist that are equal to or very similar to yours and therefore whether the brand you are aiming for has sufficient distinctive character. You can choose to consult the database yourself that you find via, but most entrepreneurs choose to outsource this to a professional because of the importance of this.


What is the trademark registration procedure in Hong Kong?

Once you have submitted your application to the IPD, it will check it for any errors and defects. It is checked whether all forms have been completed correctly and whether any information may be missing. Do you want to adjust your application after it has been submitted? Only when the changes are minimal is this allowed. In the next stage, a trade mark search is carried out and your trademark application is subjected to further testing. In the event of defects, you will be given six months to make adjustments.

When your trademark is accepted after verification, the IPD will publish it in the Hong Kong Intellectual Property Journal. This magazine is published every Friday. If a Friday is a public holiday, publication will take place the day before. Third parties are given three months from the date of publication to lodge an objection, which can be extended for a further two months. Do you oppose an objection and lose it? In that case, you may have to bear the costs incurred by the other party.


Assignment of your rights

If you have completed the steps and meet al requirements, you will be successful in registering your trademark in Hong Kong. The data will be included in the trade register and you will receive a certificate from this. Third parties will also be notified of the official registration of your trademark in the Hong Kong Intellectual Property Journal. The registration of your trademark applies from the day you submitted the application and therefore takes effect retroactively. If no objection is lodged against your trademark during the first publication, the entire procedure will take approximately six months.


Using your trademark and the period of validity of the registration

If you want to register a trademark in Hong Kong, you do not have to submit an intention to use it. You also do not have to use the trademark for the first three years after registration. If you leave the trademark inactive for longer, there is a risk that it will be removed from the trade register. Usage may be minimal in Hong Kong and does not have to take place at a high commercial level.

If you have successfully registered a trademark in Hong Kong, it will be valid for ten years from the date of application. You can request an extension of this protection an infinite number of times. You can do this in the last six months of the validity period. There is also a grace period of six months, during which you can still request an extension at a higher cost. In very unique cases, the grace period is extended by an additional six months.


How does international registration in Hong Kong work?

Hong Kong has a special position in international trade and more and more entrepreneurs are trading with this special administrative region of China. However, the Madrid Protocol is not yet applicable in this trade area. This is not expected to happen before 2022/2023. Only after the introduction of the Madrid Protocol in Hong Kong will it be possible for foreign applicants to expand international registration to Hong Kong and to facilitate trademark protection there.

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