Protecting your brand in Hong Kong — and internationally — through trademark registration is one of the most important steps a growing business can take. A registered trademark gives you the exclusive legal right to use your brand name, logo, or slogan in Hong Kong, and provides the foundation for international protection through the Madrid Protocol.
Why Register a Trademark in Hong Kong?
- Exclusive rights: A registered trademark gives you the exclusive right to use your mark in Hong Kong for the registered goods/services
- Legal protection: Enables you to take legal action against infringers and counterfeiters
- Business asset: A registered trademark is a valuable business asset that can be licensed or sold
- Customs protection: The Hong Kong Customs and Excise Department can detain infringing goods at the border
- International base: A HK trademark registration provides the basis for international registration through the Madrid Protocol
- Client confidence: The ® symbol signals a legitimately protected brand to clients and partners
Hong Kong Trademark Law
Trademarks in Hong Kong are governed by the Trade Marks Ordinance (Cap. 559), administered by the Trade Marks Registry under the Intellectual Property Department. The law is based on the UK Trade Marks Act 1994 (pre-handover) and aligns with international standards under the TRIPS Agreement and Paris Convention.
What Can Be Registered as a Trademark?
A trademark can be any sign that is capable of being represented graphically and distinguishes the goods or services of one enterprise from another. This includes:
- Words (brand names, slogans)
- Logos and device marks (graphic elements)
- Combination marks (name + logo)
- Colours (in specific combination with shape/context)
- 3D shapes (product shapes or packaging)
- Sounds (jingles)
- Certification marks and collective marks
The Nice Classification System
Trademark registration is divided into 45 classes of goods and services under the Nice Classification system (11th Edition, as adopted in Hong Kong):
- Classes 1–34: Goods (Class 25 = clothing; Class 30 = food; etc.)
- Classes 35–45: Services (Class 35 = business services; Class 36 = financial services; Class 42 = IT services; etc.)
You must specify the exact class(es) and list of goods/services within each class when applying. A trademark is only protected for the classes you register — a competitor could register the same mark for different classes.
Common classes for e-commerce and digital businesses:
- Class 35: Advertising; business management; retail store services
- Class 42: Software as a service; IT services; design
- Class 9: Computer software; mobile applications; downloadable digital content
- Class 36: Financial services; payment processing
- Class 38: Telecommunications; internet-based communication services
The Trademark Application Process in Hong Kong
Step 1: Trademark Search
Before filing, conduct a comprehensive search of the Hong Kong Trademarks Registry database to check for conflicting existing registrations. The IPD provides a free online search tool. HEVEA HK also conducts a preliminary availability check as part of the application service.
A conflicting mark doesn’t automatically block your application, but substantially identical or confusingly similar marks in the same class will likely result in refusal or opposition proceedings.
Step 2: Prepare the Application
The application requires:
- Applicant’s name and address (this can be your HK company or an individual)
- The trademark (as a high-resolution image file, or text for word marks)
- The specified list of goods/services for each class
- Priority claim if applicable (within 6 months of a Paris Convention priority date)
Step 3: File the Application
Applications are filed with the Trade Marks Registry of the Intellectual Property Department. HEVEA HK files electronically through the IPD’s e-filing system.
Government fees (2025):
- Application fee: HK$2,000 per class (online filing)
- Registration fee (upon acceptance): HK$2,420 per class
- Total government fees: approximately HK$4,420 per class (USD ~$570)
HEVEA HK service fee: From USD 890 per class (includes search, application preparation, filing, and registration — total including government fees).
Step 4: Registry Examination
The Trade Marks Registry examines the application for:
- Absolute grounds for refusal (descriptive marks, geographical terms, common symbols)
- Relative grounds (conflicts with existing registered trademarks)
- Technical requirements (legibility, specification clarity)
Timeline: The Registry typically completes examination within 3–6 months of filing.
Step 5: Response to Examination Objections
If the Examiner raises objections, a written response must be submitted within the specified time. HEVEA HK prepares and submits responses to examination reports as part of the service.
Step 6: Publication in the Gazette
Once approved by the Examiner, the mark is published in the Government Gazette and in the Trade Marks Journal. This opens a 3-month opposition period during which any third party can file an opposition.
Step 7: Registration
If no opposition is filed (or opposition proceedings are resolved in your favour), the trademark is registered. The registration certificate is issued, and the ® symbol can legally be used.
Total timeline (typical): 6–12 months from filing to registration (if no opposition or objections).
Trademark Duration and Renewal
A Hong Kong trademark registration is valid for 10 years from the filing date, renewable indefinitely in 10-year increments. Renewal fee: HK$2,720 per class.
The Madrid Protocol: International Trademark Registration
Hong Kong is a party to the Madrid Protocol through China’s accession. This allows you to use a Hong Kong trademark application or registration as the basis for a single international application covering up to 130 member countries.
How the Madrid System Works
- File a base application or registration in Hong Kong (the “home” office)
- File an international application through the IPD, designating the countries where protection is sought
- WIPO (World Intellectual Property Organization) processes the international application and sends it to each designated country’s trademark office
- Each designated country’s office examines the application under its own national law
- Approved designations result in national trademark protection in each country
Cost advantage: Registering in 10 countries individually might cost USD 15,000–25,000. A single Madrid application covering the same 10 countries might cost USD 5,000–10,000 total (WIPO fees + national examination fees).
Key Madrid designations for international brands: USA, EU (via EUIPO, covering all 27 EU member states), UK, Australia, Japan, China, Singapore, UAE, Canada.
Using Unregistered Trademarks: Pass-off Protection
Even without a registered trademark, you have some protection under the common law tort of “passing off” if you can demonstrate:
- Goodwill in Hong Kong associated with your brand name
- A misrepresentation by the defendant causing confusion with your brand
- Damage resulting from the misrepresentation
However, passing off claims are significantly more expensive to pursue and harder to prove than infringement of a registered trademark. Registration is always preferable.
Conclusion
Trademark registration in Hong Kong is a straightforward, cost-effective way to protect your brand in Asia’s most significant international business hub — and provides the gateway to global brand protection through the Madrid Protocol.
HEVEA HK’s trademark service covers the full process: search, application, prosecution, and registration — from USD 890 per class (total, including government fees).
Learn more about our trademark service or contact us to protect your brand today.
