Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Trademark law in Hong Kong is governed by the Trade Marks Ordinance Cap. 559 and the accompanying Trade Marks Rules Cap. 559A. These laws set the framework for registering, using, and protecting marks in Hong Kong, including in Sai Kung's local markets and businesses. The system is administered by Hong Kong's Intellectual Property Department (IPD), which handles applications, examinations, oppositions, and renewals.
In practice, a registered trademark grants exclusive rights to use the mark for specified goods and services within Hong Kong. Protection is territorial, so rights obtained in Hong Kong do not automatically extend to mainland China or other jurisdictions. For Sai Kung residents, that means you typically protect your brand in the local market first, then consider international routes if needed.
Registration usually lasts ten years from the filing date and can be renewed indefinitely for successive ten-year periods. The process includes clearance searching, examination for registrability, possible oppositions, and, if approved, advertisement and registration. IPD also provides guidelines on how marks are evaluated for distinctiveness and likelihood of confusion.
For official information on the Hong Kong regime, see the IPD’s Trade Marks pages and related resources: Intellectual Property Department - Trade Marks.
Trade marks in Hong Kong are governed by the Trade Marks Ordinance Cap. 559 and the Trade Marks Rules Cap. 559A, with online tools for filing and management provided by the IPD.
Recent reforms focus on improving online services, search capabilities, and conformity with international practices to smooth registration and enforcement for local businesses in Sai Kung and across Hong Kong. For more guidance on digital filing and operations, visit IPD's online resources.
Local Sai Kung businesses face practical trademark decisions that benefit from professional guidance. A qualified intellectual property lawyer can help you avoid costly missteps and protect your brand effectively.
The core framework comprises the Trade Marks Ordinance Cap. 559 and the Trade Marks Rules Cap. 559A, which establish registration, examination, and enforcement procedures for Hong Kong trademarks. These laws apply across all districts, including Sai Kung, and are administered by the IPD.
In addition to trademark specific rules, other Hong Kong statutes support brand protection and consumer honesty, such as the Trade Descriptions Ordinance Cap. 362, which prohibits false or misleading descriptions of goods and services that could mislead consumers. This is relevant to how marks are presented in Sai Kung's retail environments and online shops.
Key official references you can consult include:
Recent and ongoing changes include improvements to the IPD's online filing and management systems, along with updated guidelines to align with international practices. These changes make it easier for Sai Kung businesses to file registrations, monitor status, and manage renewals through digital channels. See IPD’s guidance on e-filing and online services for trademarks.
A Hong Kong trademark registration gives you exclusive use of a mark for specified goods or services within Hong Kong. It helps prevent others from using a similar mark in the same class. Registration is a public declaration of your brand and provides legal avenues for enforcement.
You can perform a clearance search through the IPD's Trade Marks search tools. A professional search by a lawyer or search firm can identify identical or confusingly similar marks across relevant classes. This reduces the risk of rejection or later disputes.
File before you start using the mark in commerce to secure your priority date. If you begin with a new brand, early clearance and filing minimize the chance of later oppositions or refusals. You can also file based on intended use with careful documentation.
Applications and management are handled through the IPD's online system, known as eTMs, which supports filing, status checks, and renewals. This system is designed to simplify processes for local businesses in Sai Kung. Official guidance is on the IPD site.
Oppositions can involve complex issues of distinctiveness and confusion. A lawyer can prepare evidence, draft arguments, and respond to IPD or opposing parties within deadlines. They help present a strong, well-supported case.
You can use an overseas firm, but local Hong Kong counsel understands district practices, language nuances, and procedural timelines more effectively. Local counsel can coordinate efficiently with IPD and local courts when needed.
Official filing fees vary by class and service level. Costs typically start in the low thousands of Hong Kong dollars per class, with additional classes adding to the fee. Always check the IPD fee schedule for current numbers.
Without oppositions, registration often completes in 6 to 9 months. If there are oppositions or office actions, the process may extend to 12 to 24 months or longer. Timelines depend on the complexity of the application.
You can register a word mark, a logo, or a combined mark. Word marks protect the textual element, while logos cover design elements. A combination can offer broader protection for brand identity in Sai Kung.
Registration grants formal protection for the mark in specified classes and geographies. Use-based rights arise from actual use and can be asserted if a mark is well-known or widely used, but registration strengthens enforcement options.
Common surnames can be registrable if they function as distinctive identifiers for the goods or services and are not merely descriptive. A lawyer can assess registrability and advise on strategy to avoid refusals.
Trademark registrations in Hong Kong last ten years and can be renewed for successive ten-year periods. Renewal reminders are issued by IPD, and late renewals may incur penalties. Plan renewals well in advance to prevent lapse.
Lawzana helps you find the best lawyers and law firms in Sai Kung through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trademark, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Sai Kung, Hong Kong — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
