FAQ for Trademark Registration

Does registering a company name with the Hong Kong government confer any trademark rights in respect of the name?

No, it does not confer any intellectual property rights. You need to make a separate application.

How do I classify my goods and services?

There are 45 classes of goods and services under the Trade Marks Ordinance. You can refer to http://www.wipo.int/classifications/en/ for details.

Can I apply for more than 1 class for my goods and services?

Yes, you can register your goods and services for more than 1 class.

What is the language of the certificate of registration?

It can be either in Chinese or in English. It depends on the language you used in your first application. In other words, if you write your application in English, the Registry will issue an English certificate.

Does registering a trademark with the Hong Kong government confer any trademark rights in Mainland China?

No. Hong Kong and China adopts the principle “One country, Two system.” Trademark registration in Hong Kong does not confer any trademark rights in mainland China. While China’s trademark laws is very advanced, it is different to the Western standards. China is a first-to-file country. Hence, whoever files the trademark first gets it.

Does registering a trademark with the Mainland China authority confer any trademark rights in Hong Kong?

No. Hong Kong and China adopts the principle “One country, Two system.” It does not confer any trademark rights in Hong Kong.

What is the estimated processing time for trademark registration?

Assumed there is no objection to the application, the Registrar usually takes a minimum of 6 months to approve one single application.

Is there a convention priority in Hong Kong?

Yes, you can claim priority during the first 6-month priority period. Priority should be declared when you submit your application.

Can I oppose an earlier filed competing application?

You can oppose to an application if you have a priority claim and the competing mark shall be within the opposition period. In general, it is three months after publication.

Does the registrar review my convention priority documents?

There is generally no need to submit convention documents. The registrar usually asks for supporting documents only if he finds a potential problem with the application.