Trademarks Law in Hong Kong
Trademark law in Hong Kong is governed by the Trade Marks Ordinance (Cap. 559) and administered by the Intellectual Property Department (IPD) of the Hong Kong Special Administrative Region. The registration process is designed to be efficient and transparent, providing robust protection for trademarks within Hong Kong)
📄 Trademark Registration Process in Hong Kong
Preliminary Search: Before filing an application, it's advisable to conduct a search to ensure your trademark is not identical or similar to existing registered trademarks. This can help avoid potential conflicts during the registration process.
Filing the Application: Applications can be submitted online through the IPD's e-filing system or in person/by post. The application should include:
A clear representation of the trademark
A list of goods and/or services according to the Nice Classification
Applicant's details (name, address, nationality)
A Power of Attorney (simply signed)
A certified copy of the priority document, if applicable (
Examination: The IPD conducts both formal and substantive examinations to assess compliance with the Trade Marks Ordinance and to ensure the trademark is not identical or confusingly similar to existing marks.
Publication and Opposition: If the application passes examination, it is published in the Hong Kong Intellectual Property Journal. Third parties have a three-month period to file an opposition.
Registration: If no opposition is filed or if the opposition is resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued.
⏳ Duration and Renewal
Initial Registration: Trademarks are registered for 10 years from the filing date.
Renewal: Renewable indefinitely for successive 10-year periods.
Grace Period: A six-month grace period is allowed for late payment of renewal fees.
⚖️ Use Requirement and Cancellation
Use Requirement: A trademark must be used within three consecutive years from the registration date.
Cancellation: Failure to use the trademark within three years may render it vulnerable to cancellation by any interested party.
🌍 International Protection
Madrid Protocol: Hong Kong is a member of the Madrid Protocol, allowing for international trademark registration through WIPO.
Language: Applications can be filed in either English or Traditional Chinese.
Multi-Class Applications: Hong Kong permits multi-class applications, allowing protection across multiple classes of goods and services in a single application.
✅ Summary
Hong Kong offers a streamlined and efficient trademark registration process under the Trade Marks Ordinance (Cap. 559). With a 10-year initial protection period, renewable indefinitely, and provisions for international protection through the Madrid Protocol, Hong Kong provides robust trademark protection for businesses. It's essential to ensure active use of the trademark within three years to maintain its validity.
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