Trademark owners in Hong Kong seeking exclusive rights over their mark must apply to the Hong Kong Property Department with an application for trademark registration. Owners should note there are a number of requirements that the mark must satisfy in order to gain approval from the registry. The list of requirements and standards to meet can be complex for those who are unfamiliar with the Hong Kong trademark industry. It is therefore advisable to enlist the assistance of a trademark attorney or professional consultancy firm to guide you.
How to Register a Hong Kong trademark
As mentioned, the Hong Kong Property Department is the responsible registry for reviewing all registration applications and deciding whether the application will be accepted or rejected based on the registry’s guidelines and applicable trademark law. It should be noted that all Hong Kong trademarks are used in commercial capacity and in line with the various trademark laws in place including the Trademarks Ordinance 599.
Some of the requirements for registering a trademark in Hong Kong are as follows:
- The mark must be distinguishable and unique from other Hong Kong trademarks.
- The trademark must be available to register, that is, not already in use.
- It should be a combination of words, letters, numbers, shapes, names and colors.
- Most importantly, the mark must be of graphical representation.
Hong Kong trademarks submitted for registration will be put through the Intellectual Property Database for Guangdong, to ensure that no similar or exact other marks are in use.
Once the above-mentioned criteria is met, the trademark can be submitted, with the necessary fee, to the Property Department for review. If the application is approved, the owner will be issued with a registration certificate demonstrating their exclusive rights over the use and operation of the mark.
View our Hong Kong Trademark service page to see how to proceed.
Alternatively, you can Contact Us for more information.