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Hong Kong Trademark

Examination period
4 – 6 months

Substantive examination
Yes

Protection term
10 years

Filing fee
USD 690^!

Opposition before grant
3 months

Renewal period
6 months

Procedure

Filing
Application is filed

1 month

Substantive Examination
Application is being examined
Office Action (OA) may be issued in examination
Reply in response to the Office Action within 2 - 4 months

4 – 6 months

Acceptance
Application is accepted and published for opposition

3 months

Registration
If no opposition, a certificate is issued

* The time frame shown above indicates average processing time of the HKIPD, it can be varied from the actual situation due to the content of application.

Key Facts

Registrable types of trademark

Words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colors, sounds, smells, the shape of the goods or their packaging or any combination of these.

Type of application

Standard trademark, collective trademark, certification mark, defensive mark

Limitation on numbers of items

No limitation.

Multi-class application

Multi-class application is available. Please however note that the official filing fee for trademark application and registration is charged on a class-by-class basis.

Series mark application

Series mark application is available – maximum 4 marks in a series mark application.

International Priority Claim

Priority can be claimed based on application first filed in any countries which is a member of Paris Convention within 6 months from the filing date of said application.

Opposition

Any third party can file an opposition to a registered trademark within 3 months from the publication of the registration.

Useful Links

Hong Kong’s Intellectual Property Department (HKIPD)
Hong Kong Trademark Database

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FAQ

What do I need to file a trademark application in Hong Kong?

Following documents are required for filing an application in Hong Kong:

Name and address of the applicant
An image file of the mark (in jpg, png or pdf format)
International classification and specification of designated goods/services

Rest assured that we will help to prepare the documents and make sure all the necessary documents are in good order to avoid any formality rejection.

Do you conduct a prior search before filing a trademark application?

Yes, we will perform a prior search for our client to ensure the availability of an intend-to-file trademark and this is a complimentary service.
If a detailed analysis on trademark availability and risk is required, it can be provided with charge.

How long does it take for a trademark application to be granted?

If no objections/rejections are raised to a trademark application, it usually takes 3–6 months to be registered.

What is a defensive trademark?

Defensive trademark registration is available to protect marks that have become exceptionally well-known in Hong Kong. According to the Hong Kong Trade Marks Ordinance Cap.559, a mark can be registered as a defensive trademark if it meets the following conditions:

the applicant has registered the same mark as a trade mark for certain goods or services
the mark has been used so much in relation to all or any of the goods or services for which it is registered that it has become exceptionally well-known in Hong Kong
use of the registered mark by someone other than the trade mark owner on other goods or services would be likely to detract from its distinctive character in relation to the goods or services for which it has been so used

What do I need to file a defensive trademark?

Aside from those that are required for an ordinary trademark application (see Question 1), you will need to provide substantial evidence of use to prove the intend-to-file mark is “exceptionally well-known” in Hong Kong.

Can I file a trademark application with a series of marks?

Yes, it is acceptable to file a series of marks as a trademark application in Hong Kong, provided that such series of marks resemble each other and only differ as to minor matters of non-distinctive character. The series can contain maximum 4 mark in an application.

Can I divide my application for registration of a series of trade marks to overcome an objection that the marks are not a series?

Yes, it is possible to file a request to divide application to overcome such objection.

Does the Hong Kong’s Intellectual Property Department (HKIPD) accept filing in multiple classes?

Yes, the HKIPD accepts multi-class application, in which a trademark can be filed as an application designating multiple classes. Please however note that, filing fee, registration fee and renewal fees are still charged at a class-by-class basis.

How long can a trademark protection last?

A registered trademark is valid for 10 years from the date of registration and can be renewed indefinitely within 6 months before the expiry date of the current period of registration.