Trademark Registration

Trademark Registration Application Process in Hong Kong

Trademark Search
Before submitting an application, it is advisable to conduct a trademark search to determine whether the intended trademark is identical or similar to trademarks that are already registered or currently under application by others, in order to reduce the risk of rejection. Based on the results of the trademark search, applicants can assess whether to proceed with the application for that trademark or make modifications or adjustments according to the search results. Additionally, the Hong Kong Trademark Registry offers an official search service that provides greater accuracy than free search services. For more details, please consult.

Submit Trademark Registration Application

After completing the trademark search, applicants can submit the registration application to the Trademark Registry either on their own or by appointing a legally established trademark agency. The application submission and required documents include:

1)Completed Trademark Registration Application Form
2)Clear Trademark Design
3)Submit the priority document within three months from the application date.

Examination

After submitting the application, the Trademark Registry will conduct both formal and substantive examinations of the trademark. The formal examination primarily checks whether the application is properly completed, whether the trademark design meets specifications, and whether the supporting documents are complete. The substantive examination mainly reviews whether the trademark violates the provisions of the Trademark Ordinance, whether it possesses distinctiveness, and whether it is identical or similar to others' trademarks.

Publication and Registration

After the trademark application has passed the examination, the Trademark Registry will publish it in the Hong Kong Intellectual Property Journal. Anyone can view the applicant's trademark in the Hong Kong Intellectual Property Journal and may oppose the registration application within three months from the publication date. If no opposition is raised by the end of the publication period, or if any opposition is found to be unfounded by the Trademark Registry, the trademark will be registered and a trademark registration certificate will be issued by the Registry. In favorable circumstances, the time from receiving the application to approving the trademark registration can be as short as six months.

The following is the trademark registration process:

Trademark Search (according to the Trademark Registry's progress) - Submit Application - Formal and Substantive Examination (3-6 months) - Publish Application (3 months) - Registration

Trademark Validity Period and Renewal

The trademark registration is valid for 10 years from the application date.

After the validity period expires, the trademark registrant typically must handle the renewal procedures within the 6 months prior to expiration. If unable to do so during this period, they can still apply for renewal within a 6-month grace period after expiration, but must pay a late fee. If no renewal application is submitted by the end of the grace period, the Trademark Office will delete the registered trademark. In this case, requests for restoration and renewal must be made within 6 months from the deletion date and must include payment of the restoration and renewal fees.