Hong Kong

Trademark registration Hong Kong - 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.

Requirements

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.

Procedure

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.

Duration

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.

Methods

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.

Extra

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.