What Is a Trademark?
Under the Trade Marks Ordinance (Cap. 559), a trademark is a sign used to distinguish the goods or services of one trader from those of another. It enables consumers to identify the commercial origin of a product or service.
A trademark can consist of:
- Words, including personal names
- Designs and logos
- Letters and numerals
- Figurative elements
- Colours (when claimed as a distinctive element)
- Sounds or smells (where capable of being represented in writing or graphically)
The basic requirement for registration is that the mark must be distinctive — capable of identifying your goods or services as originating from your business, rather than being a generic or descriptive term. For example, applying to register "Quality Handbags" as a trademark for handbags, or "Hong Kong Fashion" as a trademark for clothing, would likely be refused because these phrases describe the goods themselves rather than distinguishing the source.
3 IP Symbols: ™, ®, and ©
Three intellectual property symbols appear regularly in commercial contexts. Understanding what each represents is important for anyone building a brand:
- ™ (Trademark): Indicates an unregistered trademark, or a mark for which a registration application is pending. Anyone may use this symbol, but it provides no statutory protection. A third party may still register the same or a similar mark, and the ™ user has limited legal recourse in Hong Kong without a registered mark.
- ® (Registered): Indicates a trademark that has been formally registered with the Intellectual Property Department (IPD). The registered owner has the exclusive statutory right to use the mark in connection with the registered classes of goods or services. Unauthorised use by a third party constitutes infringement, and the registered owner can pursue legal action.
- © (Copyright): The copyright symbol protects original works of authorship — literary, artistic, musical, or other creative works. It is a separate intellectual property right from trademark and operates under different legislation. A logo design may be protected by both copyright (as an artistic work) and trademark (as a commercial identifier), but they are distinct rights.
If your brand is currently identified with ™, the legal protection for that brand is not yet in place.
3 Separate Registration Systems
In Hong Kong, there are three distinct registration systems that deal with business names and identifiers. They are administered by different government departments and serve entirely different purposes. Registering under one system does not provide any protection under the others.
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A company whose name is "ABC Design Limited" — registered with the Companies Registry and the IRD — has no trademark rights over the name "ABC Design." Another business could validly apply to register "ABC Design" as a trademark for design services and, if successful, could potentially require the original company to stop using the name in commercial contexts. The trademark registration is the only mechanism that provides this level of brand protection.
What Happens If You Do Not Register a Trademark?
Hong Kong's First-to-File Principle
Hong Kong's trademark system operates on a first-to-file principle. Priority is given to the party who files the application first, not to the party who used the mark first. This is a critical distinction that surprises many business owners.
If you have been trading under a particular brand name for five years but have never registered it as a trademark, anyone can file a trademark application for that same name today and acquire priority over you — even though you have been using it longer. Once a third party's registration is complete, you may find yourself in the position of being an infringer of your own brand.
The Limited Protection of Unregistered Marks
Common law does offer some protection for unregistered marks through the tort of passing off — a civil action that allows a business to claim that another party is misrepresenting its goods or services as those of the claimant. However, a passing off action is significantly harder to bring than an action for trademark infringement:
- You must prove that the mark has acquired substantial goodwill and reputation in Hong Kong
- You must demonstrate that the defendant is making a misrepresentation likely to deceive the public
- You must show that you have suffered or are likely to suffer damage as a result
This is an expensive, time-consuming, and uncertain process compared to the clear statutory rights that come with a registered trademark. A registered trademark holder can rely on the registration itself as evidence of ownership — they do not need to prove years of use and reputation before taking action.
What’s The Cross-Border Risk?
If your business operates across the border into Mainland China or other markets, the absence of trademark registrations in those jurisdictions creates an additional layer of risk. Mainland China also operates on a first-to-file basis, and there is a well-documented history of third parties registering Hong Kong brands in Mainland China before the original brand owner — a practice known colloquially as "trademark squatting." Once this occurs, the original brand owner cannot use the name in Mainland China without a licence from the squatter, or must engage in expensive legal proceedings to challenge the registration.
Understanding the Nice Classification System
When filing a trademark application in Hong Kong, you must specify the classes of goods or services for which the trademark is to be protected. Hong Kong adopts the Nice International Classification of Goods and Services (尼斯分類), administered by the World Intellectual Property Organization (WIPO), which divides all goods and services into 45 classes:
- Classes 1–34: Goods
- Classes 35–45: Services
The 2026 edition of the Nice Classification (the 12th edition as updated) came into effect on 1 January 2026. Trademark protection applies only to the registered classes — registering in Class 25 (clothing) does not protect your mark against use in Class 35 (retail services), for example.
This class-specific protection has two important implications. First, you must identify every class in which your business currently operates or plans to operate, and apply for registration in each of those classes. Second, the more classes you register in, the more you pay — each additional class beyond the first attracts a separate fee. The goal is to identify the classes that genuinely reflect your business activities and protect those, without over-filing in classes where you have no realistic intention to operate.
Full Class Reference Table for Hong Kong Businesses
The following table covers the top 10 most relevant Classification categories, with particular emphasis on the classes most commonly relevant to Hong Kong SMEs:Top 10 Classes Most Relevant to Hong Kong Businesses
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Common Class Selection Mistakes
- Technology companies: Registering only in Class 42 (software services) while omitting Class 9 (computer software as a product). If the company sells or distributes software products — including downloadable applications — Class 9 protection is also required.
- Food and beverage brands: Registering only in Class 43 (restaurant and catering services) while omitting Class 30 (food products such as sauces, seasonings, or packaged foods) and Class 32 (beverages). When a restaurant brand later launches a retail product line, the product itself may not be protected.
- Fashion and retail brands: Registering only in Class 25 (clothing and footwear) while omitting Class 35 (retail services). In Hong Kong, operating a retail store — whether physical or online — falls under Class 35 as a retail service, separate from the clothing products themselves.
- Professional services: Registering in the services class while omitting any goods classes for materials, publications, or products associated with the service. A legal firm that also publishes legal guides, for example, may need Class 16 (printed materials) in addition to Class 45 (legal services).
Trademark Search: The Essential First Step Before Filing
Why a Pre-Application Search Is Mandatory
The Intellectual Property Department explicitly recommends conducting a trademark search before submitting any application. The reason is straightforward: trademark application fees are non-refundable. If your application is refused because it conflicts with an existing registration — a conflict you could have identified through a prior search — you lose the filing fee with no recourse.
A thorough pre-application search also serves a second purpose: it helps you identify whether you may already be infringing an existing registered mark in your business activities, allowing you to address the situation proactively rather than reactively.
Method 1: Free Self-Service Online Search
The IPD provides a free online trademark search facility at esearch.ipd.gov.hk. The database contains all filed applications and registered trademarks, including those that are currently under examination. For logo and device marks, the IPD also provides an image-based search tool at image-mark-finder.ipd.gov.hk, which allows searches by visual similarity.
Step-by-step process for a word mark search:
- Go to esearch.ipd.gov.hk
- Enter your proposed trademark name in the search field (in both English and Chinese if your mark uses both)
- Apply the Nice Classification filter to narrow results to the relevant class or classes
- Review the results list for identical or similar marks
- Click through to individual results to check the mark's current status (pending / registered / expired / abandoned)
- Note any marks that appear similar to yours in appearance, pronunciation, or meaning
When assessing similarity, apply the same criteria the IPD would use: Would the average consumer confuse the two marks when used for the same or similar goods or services? Similarity in any one dimension — visual appearance, phonetic similarity, or conceptual meaning — may be sufficient to constitute a conflict.
Method 2: Official Paid Search Service (Form T1)
For a more thorough assessment, particularly where the proposed mark is complex or operates across multiple classes, the IPD offers a formal search and preliminary opinion service via Form T1:
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The IPD's examiners conduct the search on your behalf and provide a written report identifying similar or identical marks, together with a preliminary opinion on whether your proposed application is likely to face objection. While this is not a guarantee of outcome, it provides a significantly more reliable assessment than a self-conducted search, particularly for marks with unusual elements or phonetic similarities that may not be obvious from text searches alone.
What to Do If a Conflicting Mark Is Found
If a potentially conflicting mark is identified, you have three options:
- Modify the mark: Adjust the design, wording, or visual elements to increase the distinctiveness of your mark relative to the existing registration. The modified mark should then be re-searched before filing.
- Seek a professional opinion: A trademark agent or solicitor experienced in Hong Kong trademark law can assess the actual likelihood of conflict and advise on whether the conflict is material enough to prevent registration or whether a sound argument for distinctiveness can be made.
- Consider a co-existence arrangement: In some cases, two similar marks may co-exist in the register if their respective classes of goods or services are sufficiently different that confusion is unlikely. A trademark agent can advise on whether this approach is viable in your specific situation.
Hong Kong Trademark Registration Fees
Government Official Fees
The following fees are payable to the Intellectual Property Department. All fees are in Hong Kong dollars.
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All application fees are non-refundable regardless of outcome. This underscores the importance of conducting a thorough pre-application search and, where appropriate, taking professional advice before filing.
Filing Methods and Payment Options
- Online (efiling.ipd.gov.hk): Available 24 hours a day, 7 days a week. Payment by credit card. Recommended for most applicants for ease and immediacy.
- In person or by post: Submit to the Trade Marks Registry, Intellectual Property Department, 24th Floor, Wu Chung House, 213 Queen's Road East, Wan Chai, Hong Kong. Office hours: Monday to Friday, 9:00am to 5:45pm. Payment by Octopus card, cash, or cheque (cheques payable to "The Government of the Hong Kong Special Administrative Region"). Do not send cash by post.
Professional Agent Fees
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When engaging a trademark agent or law firm, confirm clearly whether quoted fees are inclusive or exclusive of government fees — the difference is significant. Request an itemised quotation covering all anticipated costs, including any additional fees for responding to objections if they arise.
The Trademark Application Process: All 6 Stages
The complete process from filing to registration typically takes 6 to 8 months in straightforward cases with no objections or oppositions. The timeline can extend significantly if objections are raised or if third parties file an opposition.
Stage 1: Pre-Application Preparation
Before filing, complete the following:
- Conduct a trademark search (as described above) to confirm the mark is available
- Determine the appropriate Nice Classification classes based on your current and planned business activities
- Prepare the trademark image or representation — if the mark is a figurative element or logo, it must be submitted in the correct format; colour marks must be submitted in colour
- Confirm the applicant details — the applicant must be a legal entity capable of owning property (an individual, a limited company, a partnership, or another recognised entity)
Stage 2: Filing Form T2 and Payment
Submit the completed Form T2 (Trademark Application Form) together with the applicable filing fees.
Critical note: Once filed, only minor clerical corrections are permitted. The essential elements of the application — the mark itself, the applicant's details, and the designated classes — cannot be materially amended after filing. Careful review before submission is essential.
Applications submitted online receive an immediate acknowledgement and filing date. For in-person or postal applications, the filing date is the date of receipt by the Trade Marks Registry.
The filing date is significant because it establishes the priority date — the date from which your trademark rights are calculated. Even if registration is not completed for several months, your rights as the registered owner will ultimately date back to this filing date.
Stage 3: Formalities Examination
Following filing, the Trade Marks Registry first conducts a formalities examination to verify that the application is complete and in the prescribed format. If the application is deficient — missing documents, incorrect form, or insufficient fee — the Registry issues a notice requiring the applicant to remedy the deficiency within two months of the notice date.
Stage 4: Substantive Examination
The core assessment of the application is conducted during the substantive examination stage. The IPD examiner evaluates:
Distinctiveness: Whether the mark is capable of distinguishing the applicant's goods or services from those of other traders. Marks that are purely descriptive of the goods or services, or that consist entirely of common words or industry terms, will be refused or objected to.
Absolute grounds for refusal: The mark must not conflict with absolute grounds for refusal under the Trade Marks Ordinance. These include: marks devoid of any distinctive character; marks that describe characteristics of the goods or services; marks that have become customary in the trade; marks that are contrary to public policy or morality; deceptive marks; and marks consisting of protected emblems or geographical indications.
Relative grounds for refusal: The mark must not be identical or similar to an existing registered mark for identical or similar goods or services. The examiner searches the register for potentially conflicting marks.
If the examiner raises objections, the applicant is notified in writing and given a specified period — typically three months — to respond. Responses may include:
- A written submission arguing the mark's distinctiveness or the absence of genuine conflict with any cited marks
- Evidence of prior and extensive use of the mark (which can establish "distinctiveness through use" even for marks that are inherently weak)
- A request for a hearing before the IPD's hearing officer
If objections cannot be resolved, the application may be refused. The applicant may then appeal to the Court of First Instance.
Common grounds for refusal:
- Purely descriptive terms ("Fast," "Quality," "Best," "Hong Kong")
- Generic names for the goods or services applied for
- Marks too similar to existing registered marks in the same or related classes
- Marks lacking sufficient distinctive character
- Marks containing elements contrary to public morality or likely to deceive
Stage 5: Publication and Opposition Period
Once the substantive examination is passed, the application is published in the Hong Kong Intellectual Property Journal (香港知識產權公報). This initiates a three-month opposition period during which any third party may file a Notice of Opposition against the application.
A third party typically opposes on the basis that the proposed mark is confusingly similar to their own registered or unregistered mark, or that registration would be contrary to the Ordinance. If an opposition is filed:
- The applicant receives a copy of the Notice of Opposition and must file a Counter-statement within two months to contest the opposition
- Failure to file a counter-statement results in the application being deemed abandoned
- If a counter-statement is filed, the matter proceeds to a hearing before the IPD or, if the parties agree, may be settled by negotiation
If no opposition is filed within three months of publication, or if any opposition is resolved in the applicant's favour, the application proceeds to registration.
Stage 6: Registration and Certificate Issuance
On successful completion of all stages, the Trade Marks Registry registers the trademark and issues a Certificate of Registration to the applicant. The trademark details are entered in the official Register of Trade Marks and are publicly accessible.
The legal effect of registration dates back to the filing date, not the certificate issuance date. This means your exclusive rights as the registered owner extend back to the moment you filed the application, providing retrospective protection for the period during which the application was being processed.
Once the certificate is received, you are entitled to use the ® symbol in connection with your registered mark in the registered classes.
Trademark Renewal: Maintaining Your Registration
Validity Period and Renewal Cycle
A registered trademark is valid for 10 years from the application filing date. It may be renewed indefinitely for successive 10-year periods, provided the renewal fee is paid. There is no maximum duration — a trademark can remain in force permanently as long as it continues to be renewed and used.
This is a significant advantage of trademark protection compared to other intellectual property rights such as patents, which have a maximum protection period.
When to Renew
Renewal applications may be submitted at any time during the final six months before the expiry date. The IPD sends a reminder notice to the registered owner's address, but reliance on this reminder alone is not recommended — if the notice is not received, the obligation to renew remains.
If the renewal deadline is missed, the IPD provides a grace period of six months after the expiry date during which the trademark may still be renewed upon payment of the standard renewal fee plus an additional surcharge. If the grace period passes without renewal, the trademark lapses and is removed from the register. A lapsed trademark cannot be revived through renewal — it must be re-applied for as a new application, which means losing the original priority date.
Best practice: Diarise the renewal deadline 12 months before it falls due, and initiate the renewal process at least six months before expiry. If a trademark agent manages your portfolio, confirm that they have an active reminder system in place.
Renewal Fees
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The Non-Use Cancellation Risk
Registration alone does not guarantee permanent protection. Under the Trade Marks Ordinance, if a registered trademark has not been genuinely used in Hong Kong for a continuous period of three years, any third party may apply to the IPD to have the trademark cancelled on grounds of non-use.
"Genuine use" means actual commercial use of the mark in Hong Kong in connection with the goods or services for which it is registered — not merely cosmetic or token use designed to preserve the registration. The use must be in the registered classes and in the Hong Kong market specifically.
Maintaining Evidence of Use
To protect against a non-use cancellation challenge, trademark owners should maintain a systematic record of the trademark's commercial use. Supporting evidence may include:
- Product packaging and labels bearing the trademark
- Invoices and sales records showing the trademark has been applied to goods sold or services rendered in Hong Kong
- Marketing materials, brochures, and advertisements bearing the trademark
- Social media posts and website screenshots showing the trademark in active use
- Trade show participation, press coverage, or media appearances featuring the trademark
For businesses with multiple registered marks across different classes, a periodic use audit — ideally annual — helps identify any classes in which use has lapsed. If genuine use has ceased in a particular class, voluntary abandonment of that class at renewal may be preferable to maintaining a registration that is vulnerable to cancellation by a third party.
International Trademark Protection: Beyond Hong Kong
A Hong Kong trademark registration provides protection only within the Hong Kong SAR. If your business operates or plans to expand into other markets, separate trademark applications are required in each jurisdiction.
- Mainland China
Mainland China operates its own trademark registration system, administered by the China National Intellectual Property Administration (CNIPA). A Hong Kong trademark registration provides no protection in Mainland China, and vice versa. Given the known risk of trademark squatting — third parties registering Hong Kong brands in Mainland China before the original brand owner — businesses with any Mainland exposure should prioritise CNIPA registration early.
- The Madrid System
For businesses seeking trademark protection across multiple jurisdictions simultaneously, the Madrid Systemadministered by WIPO provides a cost-effective mechanism to file a single international application designating multiple member countries. An applicant with a home-country base registration (which could be the Hong Kong registration) can file a Madrid System application covering over 130 member territories through a single application. For a complete overview of the Madrid System, the WIPO website at wipo.int/madrid provides official guidance.
Aspire: The Business Account That Grows With Your Brand
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Frequently Asked Questions
Is a company name the same as a trademark?
No. These are entirely separate registration systems. A company name registered with the Companies Registry, or a business name registered with the Inland Revenue Department, does not give you any trademark rights over that name. A third party can validly apply to register the same name as a trademark and, if successful, could require you to stop using it commercially. Trademark registration with the IPD is the only mechanism that grants statutory exclusive rights to use a name or logo in connection with your goods or services.
Can I file a trademark application myself without using an agent?
Yes. The IPD accepts direct applications from individuals and companies without requiring representation by a registered trademark agent. However, the substantive examination process involves legal judgments about distinctiveness, similarity to existing marks, and appropriate class selection that can be difficult to navigate without professional knowledge. Self-filed applications have a higher rate of objection and refusal than professionally filed ones. For straightforward single-class applications with clear marks, self-filing is viable. For complex or multi-class applications, professional advice is generally cost-effective.
Does my Hong Kong trademark protect me in Mainland China?
No. Hong Kong and Mainland China are separate trademark jurisdictions. A Hong Kong trademark registration has no legal effect in Mainland China, and a Mainland Chinese registration has no effect in Hong Kong. If your business operates or plans to operate in Mainland China, you must file a separate application with the China National Intellectual Property Administration (CNIPA). For businesses seeking protection across multiple markets simultaneously, the WIPO Madrid System enables a single international application covering over 130 member territories.
What is a priority claim and when does it apply?
If you have filed a trademark application in any country that is a member of the Paris Convention or the WTO, you may file an application for the same mark in Hong Kong within six months of the original filing date and claim the earlier date as your Hong Kong priority date. This is known as a priority claim. It means that if anyone else files a conflicting Hong Kong application in the period between your original foreign filing and your Hong Kong filing, your priority date will still take precedence. This is particularly useful for businesses expanding from other jurisdictions into Hong Kong.
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