How to Register a Trademark in Hong Kong: A Step-by-Step Guide

Registering a trademark in Hong Kong is a legal process governed by the Trade Marks Ordinance (Cap. 559) and administered by the Intellectual Property Department (IPD). The process takes approximately 6–12 months from filing to registration, with a government fee of HKD 2,000 for the initial application covering up to 20 classes of goods or services.

Eligibility: Who Can Apply for a Hong Kong Trademark?

Any person, company, or legal entity—regardless of nationality or residency—can apply to register a trademark in Hong Kong. There is no requirement to have a local address, a Hong Kong business registration certificate, or a local agent, though non-residents must provide an address for service within Hong Kong.

The Trade Marks Ordinance (Cap. 559) defines a trademark as "any sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings and which is capable of being represented graphically."

What Can Be Registered as a Trademark?

Under section 3(2) of the Trade Marks Ordinance (Cap. 559), a trademark may consist of:

• Words (including personal names)
• Designs
• Letters, numerals, or combinations thereof
• Sounds, scents, or colours (if capable of graphical representation)
• Shapes of goods or their packaging
• 3D shapes, holograms, or moving images

Who Cannot Apply?

• Applicants with prior conflicting marks: If your proposed mark is identical or confusingly similar to an existing registered mark for the same or similar goods/services, your application will be refused under section 12 of the Ordinance.
• Marks devoid of distinctive character: Descriptive marks (e.g., "BEST QUALITY SHOES") are not registrable under section 11(1)(b).
• Marks contrary to public policy or morality: These are refused under section 11(3).

Under section 11(1) of the Trade Marks Ordinance (Cap. 559), "the following shall not be registered—(a) signs which do not satisfy the requirements of section 3(1); (b) trade marks which are devoid of any distinctive character; (c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of goods or of rendering of services."

Timelines: How Long Does Trademark Registration Take?

The full registration process takes approximately 6–12 months from filing to certificate issuance, assuming no objections or oppositions are raised. The timeline breaks down as follows:

1. Pre-filing search (optional but recommended): 1–2 hours using the IPD's free online search system.
2. Filing the application: Same day—applications can be submitted online via the IPD's e-filing system.
3. Formality examination: 1–2 weeks—the IPD checks that all formal requirements are met.
4. Substantive examination: 3–6 months—the IPD examines the mark for distinctiveness and conflicts with earlier marks.
5. Publication in the Hong Kong Intellectual Property Journal: 1 month after acceptance—a 3-month opposition period follows.
6. Registration and certificate issuance: 1–2 months after the opposition period closes, if no opposition is filed.

Expedited processing is not available for trademark registration in Hong Kong. The IPD does not offer a fast-track service, unlike some other jurisdictions.

Cost Metrics: Exact Government Fees for Trademark Registration

The government fee for a standard trademark application in Hong Kong is HKD 2,000, which covers up to 20 classes of goods or services. Additional classes beyond the 20th incur an extra fee of HKD 1,000 per class.

Source: Trade Marks (Fees) Rules (Cap. 559A), as amended. Check the latest fee schedule from the IPD before filing.

Additional Costs to Consider

• Professional fees: If you engage a trademark agent or solicitor, expect to pay HKD 5,000–15,000 for filing and prosecution, depending on complexity.
• Search fees: The IPD's online search system is free. Official search reports are not issued by the IPD.
• Registration certificate: Included in the application fee—no separate charge.

Ongoing Compliance Execution

Ongoing statutory obligations are handled seamlessly through Captime's dedicated Hong Kong company secretary service, providing a licensed local representative and automated annual return management.

Suitability: Is Hong Kong Trademark Registration Right for You?

Hong Kong trademark registration is best for businesses that sell goods or services in Hong Kong, plan to expand into the Greater Bay Area, or want to protect their brand against local counterfeiters. It is not a substitute for mainland China registration, as Hong Kong trademarks are only enforceable within the Hong Kong SAR.

Best For:

• SMEs and startups with a Hong Kong presence or market entry plans
• E-commerce businesses selling to Hong Kong consumers
• Brand owners seeking to license their marks in Hong Kong
• Businesses with turnover below HKD 10 million that cannot justify the cost of international registration

Not Ideal For:

• Businesses targeting mainland China: You need a separate China trademark registration via the China National Intellectual Property Administration (CNIPA).
• Global brands: Consider the Madrid System for international registration, which allows you to designate Hong Kong (though Hong Kong is not a Madrid member—you must file directly with the IPD).
• Businesses with limited budgets: If your brand is only used locally and you have no expansion plans, the HKD 2,000 fee may not be justifiable.

Step-by-Step Procedure for Trademark Registration in Hong Kong

Step 1: Conduct a Pre-Filing Search

Before filing, search the IPD's free online trademark database to identify potential conflicts. This step is not mandatory but is strongly recommended to avoid wasting the application fee on a mark that will be refused.

• Access the IPD's Trade Mark Search System at esearch.ipd.gov.hk
• Search for identical marks and similar marks in your target classes
• Review the Nice Classification (11th edition) to identify the correct classes for your goods or services

Step 2: Determine Your Classes of Goods or Services

Trademarks in Hong Kong are registered under the Nice Classification system, which comprises 45 classes (34 for goods, 11 for services). You must specify the classes your mark will cover.

Common classes for businesses include:

Step 3: Prepare Your Application

Your application must include a clear representation of the mark, a list of goods/services, and the applicant's details. If you are not a Hong Kong resident, you must provide an address for service in Hong Kong.

Required information:

• Applicant's full name and address
• A clear representation of the mark (JPEG or PDF for e-filing)
• A list of goods and/or services grouped by class
• A statement of use (if the mark is already in use in Hong Kong)
• A power of attorney (if filing through an agent)

Step 4: File Your Application

File online via the IPD's e-filing system for the fastest processing and lowest fees. Paper filings are accepted but take longer to process.

1. Create an account on the IPD's e-filing portal (ipd.gov.hk).
2. Complete the application form with your details and mark representation.
3. Pay the filing fee of HKD 2,000 online via credit card, PPS, or other accepted methods.
4. Receive your filing receipt with the application number and filing date.

Step 5: Examination and Publication

The IPD will examine your application for formalities and substantive requirements. If the examiner raises objections, you will have an opportunity to respond within a specified period (typically 6 months).

• Formality examination: 1–2 weeks after filing
• Substantive examination: 3–6 months after filing
• Publication: If accepted, the mark is published in the Hong Kong Intellectual Property Journal for a 3-month opposition period

Step 6: Registration and Certificate

If no opposition is filed within the 3-month publication period, the IPD will register your trademark and issue a registration certificate. The certificate is typically issued 1–2 months after the opposition period closes.

Your trademark registration is valid for 10 years from the filing date and is renewable indefinitely for successive 10-year periods.

Post-Registration Obligations

Trademark owners must use their marks in Hong Kong within 3 years of registration to avoid revocation for non-use. Under section 52 of the Trade Marks Ordinance (Cap. 559), a mark may be revoked if it has not been genuinely used in Hong Kong for a continuous period of 3 years.

Renewal Requirements

• Renewal fee: HKD 4,000 for the first 20 classes
• Renewal period: Within 6 months before the expiry date
• Late renewal: HKD 750 additional fee within 6 months after expiry
• Restoration: HKD 1,500 additional fee within 6 months after the late renewal period

Common Pitfalls to Avoid

1. Filing in the wrong class: Misclassification can render your registration ineffective. Review the Nice Classification carefully.
2. Filing a descriptive mark: Marks that describe your goods or services will be refused. Choose a distinctive, invented word or design.
3. Ignoring prior rights: A search may reveal conflicting marks. Consider filing a different mark rather than risking opposition.
4. Not using the mark: Failure to use the mark in Hong Kong within 3 years exposes it to revocation.
5. Assuming Hong Kong registration covers China: Hong Kong trademarks are only enforceable within the SAR. File separately in mainland China if needed.

Frequently Asked Questions

Q: Can I file a trademark application without a Hong Kong business registration? A: Yes. There is no requirement to hold a Business Registration Certificate under the Business Registration Ordinance (Cap. 310) to file a trademark application. However, you must provide an address for service in Hong Kong if you are not a resident.

Q: How long does trademark protection last? A: A Hong Kong trademark registration is valid for 10 years from the filing date and is renewable indefinitely for successive 10-year periods, subject to payment of renewal fees.

Q: Can I register a trademark for services I have not yet started offering? A: Yes. Hong Kong does not require proof of use at the time of filing. However, the mark must be used within 3 years of registration to avoid revocation for non-use.

Q: What happens if someone opposes my trademark application? A: The opposition is heard by the Registrar of Trade Marks. Both parties may file evidence and make submissions. The process can take 12–18 months and may involve significant legal costs.

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