HONG KONG

HHONG KONG TRADEMARK REGISTRATIO

Trademark Registration Authority in Hong Kong

The government body responsible for registration and maintenance of trademark registration is the Intellectual Property Department (IPD) of the Hong Kong Special Administrative Region ( HKSAR).

Hong Kong Trade Mark Law

The trade mark law of Hong Kong is based on the Trade Marks Ordinance Cap. 559, which came into force on April 4, 2003 and repealed the Trade Mark Ordinance Cap 43. The system established by this legislation is entirely separate to the system used in the People's Republic of China, pursuant to the "one country-two systems" policy. The superseded law and the current law share many similarities with the relevant legislation in the United Kingdom, a similarity which is also facilitated by TRIPs.

The new law introduced various substantive and procedural changes, such as expanding the legal definition of a trademark; including or broadening protection for certification marks, collective marks, and well-known trade marks; reducing the period of non-use for revocation purpose from five to three years; and simplifying and streamlining procedures for the registration of assignments, and "registrable transactions" such as licenses.

Hong Kong Trademark Registration Procedures

Conduct pre-filing search online or request the Intellectual Property Department to carry out an official search --> Confirmation of availability (by way of search reports issued by Hong Kong IPD --> Sumission of trademark registration application forms --> Official examination of registrability --> (if accepted) Publication in Government Gazette --> (if no objections received) Issuance of Certification of Registration.

Hong Kong Trademark Pre-filing search: US$100
(1) Per class code
(2) Search performed by Trademark Registration Office (Hong Kong Intellectual Property Department) and search results returned back by fax in 2 to 3 weeks.
(3) Covers Direct Hits and Close Matches in English and Chinese

Pre-filing search is not compulsory but highly recommended.

Hong Kong Trademark Registration Filing Costs
(1) Per class code: first class code US$390; additional class code US$250
(2) Prepared and submitted in 1-2 weeks
(3) Clerical office actions generally answered for free
(4) Monthly follow ups of your mark through out the entire unopposed registration process (via e-mail)

Domestic Representative / Power of Attorney Fees
Not domestic or local representative is required; no Power of Attorney is required for handling tradmark registration in Hong Kong.

Government Filing Fee
- First class code US$170; second class code and thereafter US$85.
- Payable to the HKTMO (we do so on your behalf).

Summary of Fees (first class code)
USD100 Search (including official search fee)
USD450 Registration (including official filing fee)
USD70 collection and forwarding of certificate
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Total USD620 first class code

Summary of Fees (second class code and thereafter)
USD100 Search (including official search fee)
USD275 Registration (including official filing fee)
USD35 collection and forwarding of certificate
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Total USD410 (second class class code and thereafter)

Note: the fee does not cover delivery charge.

Required Documents for the Registration of a Trademark in Hong Kong
1. The name and residential/correspondence address of the applicant, if the applicant is an individual; company name and registered office/business address, if applicant is a corporation.
2. The list of the goods or services to be covered by the proposed mark. If protection is sought for a whole class, a precise list of the goods or services should be mentioned.
3. Fifteen prints of the mark for each application in each class.
4. A certified copy of the convention application along with a certified English translation thereof if convention priority is to be claimed.

Time Needed for the Registration of a Trademark in Hong Kong
Currently it is taking between 8-12 months for a mark to go through the process unopposed.

Period Protection of Hong Kong Trademark
The registration date (once your mark is approved) dates back to the actual date that you applied for registration.

The trademark registration is valid for ten years from the registration date (so it will not be 10 years from your approval, but 10 years from your submission date).

Also see:
Hong Kong intellectual property rights protection
Hong Kong trademark law updates

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