We make your IP Champion

Hong Kong Trademark

Examination period
4 – 6 months
Substantive examination
Yes
Protection term
10 years
Filing fee
USD 600!
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

How We Help


4

regions by one window

20

years' experience

24h

fast response

120%

Cost Performance ratio

Free Search


Type in your trademark below, we will perform a free search to check availability of your trademark and advise on its registrability.
✓Non-obligatory
✓Manually check availability
✓Advise on registrability
✓Reply within a business day
✓Non-obligatory
✓Manually check availability
✓Advise on registrability
✓Reply within a business day

FAQ

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.

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.

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

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

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.

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.

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

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.

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.