Hong Kong Trademark Protection

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.

Hong Kong Trademark Protection - 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.

Hong Kong Trademark Protection - 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.

Hong Kong Trademark Protection - 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.

Hong Kong Trademark Protection - 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.

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