table of contents
Introduction
Hong KongBelow is information that will help you protect your trademark rights.
We hope that this page will be of assistance to you in protecting your intellectual property overseas. Please help us.
(1) Trademark registration application/examination status in Hong Kong
①Number of trademark registration applications in 2021: Approximately 35,240
② Examination period: Approximately 1 to 3 months
(2) Related laws and regulations
- trademark ordinance
https://www.elegislation.gov.hk/hk/cap559!en@2017-04-01T00:00:00?INDEX_CS=N - trademark rules
https://www.elegislation.gov.hk/hk/2006/ln62!en
Japan/Hong Kong trademark system comparison
| Hong Kong | Japan | |
| treaty of paris | ○ | ○ |
| madpro | Not yet (planned to join) | ○ |
| international classification | ○ | ○ |
| Examination system | ○ | ○ |
| Multi-class application | ○ | ○ |
| Application publication system | × | ○ |
| Type of trademark | Characters, figures, symbols, solids, combinations, sounds, colors, smells and combinations thereof | Characters, figures, symbols, three-dimensional shapes or colors, or combinations thereof, sounds, etc. |
| Subjects protected by trademark law | Goods, services, collective marks, defensive marks, series marks, certification marks | Goods, services, collective trademarks, regional collective trademarks, defensive marks |
| Principles of entitlement | First-to-file principle | First-to-file principle |
| Necessity of a local agent if the applicant is overseas | 必要 | 必要 |
| power of attorney | Must not | Not required (necessary at trial stage) |
| Application language | English or Chinese | Japanese |
| Duration | 10 years from the date of registration *Can be updated | 10 years from the date of registration *Can be updated |
| Non-use cancellation period | 3 *Any number of people can request | 3 *Any number of people can request |
| Opposition period | 3 months from the date of public announcement (before registration) *Anyone can file an objection. | 2 months from the publication date of the gazette (after registration) *Anyone can file an objection. |
| Invalidation trial system | ○ | ○ *Only interested parties can request |
Hong Kong Trademark Search
- Hong Kong Intellectual Property Department search site
https://esearch.ipd.gov.hk/nis-pos-view/#/?lang=en
You can search for Hong Kong trademarks for free on the above search site (in English or Chinese) provided by the Hong Kong Intellectual Property Office. You can search not only for trademarks but also for patents and designs. It is convenient that there is not only a Chinese version but also an English version. Please enter the keyword you want to search and try searching.
Q&A regarding Hong Kong trademark system
Q. What information do I need to apply?
A. The main required information is as follows.
- Applicant's name, address, etc.
- Designated goods/designated services
- Trademark display (translation and transliteration if Roman or non-Chinese characters are included)
- When claiming priority, the jurisdiction, application number, and filing date of the earlier application.
Q. What is a series trademark?
A. What is a series trademark?
- The essential parts of the trademarks are similar to each other,
- For trademarks that differ only in non-distinctive parts that do not substantially affect the identity of the trademark,
This system allows up to four items to be included in one application.
Q. What is a certification mark?
A. A certification trademark is a trademark that certifies the origin, raw materials, etc. of a product or service, or the performance, quality, etc. of the service. Japan does not have a certification trademark system.
Q. If I register a trademark in China, do I need to register it in Hong Kong?
A. Trademark rights in China do not extend to Hong Kong.
Under the One Country, Two Systems, in order to obtain trademark rights in Hong Kong, a trademark must be registered in Hong Kong separately from China.