hongkong trademark registration

In Hong Kong the legal basis is the Trademark Act (Trademarks Ordinance, Cap. 559), in force since April 4th, 2003. Even after the commission of Hong Kong to China, there is a separate trademark law in Hong Kong („trademarks ordinance“). The principles of “common law” apply. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.

A trademark application has to be filed before the Trademark Office by a local agent. Foreign applicants need an address for service in Hong Kong. Foreign applicants do not need a domestic company registration.

The application process includes a formal examination and an examination of distinctiveness. It takes approximately 6-9 months from first filing to registration. Before the registration, the trademark application is published in the “Hong Kong Intellectual Property Journal”. The opposition period is 3 months from publication date of the application.

A trademark registration in Hong Kong is valid for 10 years and starts with the date of application. The registration is renewable for periods of 10 years.

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Duly note, if the trademark has not been used within 3 years from the date of registration or has later not been used for 3 years continuously, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.