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Trademarks are signs that identify the source of goods or services and distinguish them from others. In To Kwa Wan, Hong Kong, businesses and individuals rely on trademarks to protect shop names, logos, product brands, service brands and online storefronts. Trademark protection in Hong Kong is territorial - a registration with the Hong Kong Trade Marks Registry grants rights within Hong Kong, including To Kwa Wan and the rest of the territory.
Hong Kong trademark law is governed mainly by the Trade Marks Ordinance. The Intellectual Property Department operates the Trade Marks Registry which examines applications, publishes accepted marks, and records registration, assignment and licensing information. Registered rights give the owner stronger remedies against copying and misuse, though common law rights such as passing off may also apply even without registration.
You may need a lawyer when you want to obtain, defend or enforce trademark rights. Common situations include:
- Carrying out clearance searches and advising on the risk of confusing or infringing existing marks before you invest in a brand.
- Preparing and filing trademark applications to ensure accurate scope, correct classes of goods and services, and proper evidence where needed.
- Responding to official objections from the Trade Marks Registry, including arguments on distinctiveness or descriptiveness.
- Opposing another party's application, or defending against an opposition to your own application.
- Enforcing rights against infringers - drafting cease-and-desist letters, negotiating settlements, or taking court action to obtain injunctions, damages or account of profits.
- Handling licensing, assignment and coexistence agreements, or advising on trademark aspects in business sales and franchising.
- Managing cross-border protection, including international registrations and related strategy.
A lawyer with experience in Hong Kong trademark law can help you assess costs, risks and likely outcomes, prepare convincing legal arguments, and represent you in hearings or litigation.
Key aspects of Hong Kong trademark law that are especially relevant for people in To Kwa Wan include the following:
- Governing statute - The Trade Marks Ordinance sets out registration procedures, grounds for refusal, post-registration removal, and remedies for infringement.
- Types of marks - Word marks, device marks (logos), service marks, certification marks and collective marks can be registered.
- Registration process - Typical steps are search and clearance, filing an application, substantive examination, acceptance and publication, a statutory opposition period, and registration. The registration term is 10 years from the filing or priority date and is renewable every 10 years.
- Opposition and cancellation - After publication there is a set period during which third parties can oppose registration. Registered marks can be challenged and removed for reasons including non-use. Non-use revocation actions are commonly brought after three years of apparent non-use.
- Infringement and remedies - Registered trademark owners can seek civil remedies such as injunctions, damages or account of profits, delivery up or destruction of infringing goods, and other remedies. Criminal sanctions may apply in cases of counterfeiting and serious illicit trade. Customs authorities can assist in detaining suspected counterfeit goods at the border.
- Common law rights - Even without registration, a trader may have protection under the common law tort of passing off if the mark has acquired goodwill and is being misrepresented by another trader.
- International issues - International systems such as the Madrid System can be relevant for businesses seeking protection outside Hong Kong, and coordination with mainland China and other jurisdictions is often important for regional brands.
A trademark is a sign used to indicate the source of goods or services. You can register words, logos, slogans, shapes and sometimes colours or sounds if they function as a sign and meet registrability requirements. The mark must be capable of distinguishing your goods or services from others.
Start with a trademark search at the Trade Marks Registry to see identical or similar earlier marks. A lawyer or trade mark agent can conduct a more thorough search and freedom-to-use assessment including common law risks and domain name checks. A clearance search reduces but does not eliminate risk.
Registration time varies depending on objections or oppositions. A straight application that faces no opposition can take several months to a year. Costs depend on the number of classes, whether you use a lawyer or agent, and whether you face objections or opposition. Expect official fees plus professional fees. Ask for a written estimate before you proceed.
You can use the TM symbol to indicate that you claim trademark rights even before registration. The R symbol is reserved for marks that are officially registered in Hong Kong. Using R for an unregistered mark can be misleading and may attract penalties in certain contexts.
If someone uses a similar mark, options include sending a cease-and-desist letter, negotiating a settlement or licence, requesting removal of infringing listings on online platforms, or commencing civil proceedings for infringement or passing off. The right course depends on the strength of your rights, evidence of confusion, and commercial considerations.
Yes, common law passing off can protect unregistered marks that have acquired goodwill and are being misrepresented. However, common law claims are often harder to prove, more costly to enforce and provide narrower remedies than registration. Registration gives clearer and stronger rights in most situations.
A registered mark may be vulnerable to cancellation for non-use if the owner has not used the mark in Hong Kong for a continuous period, typically three years. If someone petitions to remove your mark for non-use, you must show genuine use or valid reasons why the mark was not used to retain registration.
Trademark rights are territorial. Registration in Hong Kong does not provide protection in mainland China or elsewhere. If you sell or plan to expand into other markets, consider filing for protection in those jurisdictions or using international registration mechanisms to coordinate filings.
Remedies may include injunctions to stop the infringing conduct, damages or an account of profits, orders for delivery up or destruction of infringing goods, costs and declaratory relief. In counterfeit cases, criminal enforcement and customs seizure may also be available.
Choose a lawyer with specific experience in trade mark law and litigation if necessary. Ask about prior cases, success rates, fee structures and communication practices. Use the Law Society referral service or local listings to find solicitors near To Kwa Wan. Confirm whether the adviser is qualified to represent you before the Trade Marks Registry and the courts.
Useful organisations and resources for trademark matters in Hong Kong include:
- Intellectual Property Department - Trade Marks Registry for filing, fees, forms and public databases.
- Customs and Excise Department for enforcement against counterfeit or infringing goods at the border.
- Law Society of Hong Kong and Hong Kong Bar Association for lists of qualified solicitors and barristers and professional standards.
- Legal Aid Department and Duty Lawyer Service for potential assistance if you meet eligibility and your case qualifies for civil legal aid or representation.
- Companies Registry for company name searches and related business information that may interact with trademark considerations.
- Local business associations and the Hong Kong Trade Development Council for guidance on commercial expansion and export concerns.
If you need legal assistance with a trademark in To Kwa Wan, consider the following practical steps:
- Perform a preliminary trademark search to identify obvious conflicts and gather basic information about risk and availability.
- Preserve evidence of use of your mark - receipts, photographs of shopfronts, advertising materials, sales records and online screenshots.
- Decide on the scope of protection - which goods and services you need, and whether you need protection only in Hong Kong or also in other jurisdictions.
- Contact a qualified trademark lawyer or registered trade mark agent. Ask for a written scope of work, timeline and fee estimate. Confirm whether the adviser will handle Registry correspondence, oppositions and court representation if needed.
- If you face infringement, collect evidence of the infringing activity, keep communications, and seek early legal advice about sending a cease-and-desist letter or escalating to enforcement actions.
- If you are launching a new brand, consider filing promptly to lock in rights and reduce the risk of later conflict. Early legal advice can save time and money and help you avoid rebranding costs.
Getting tailored legal advice early - especially when you plan to invest in branding, expand into new markets or confront infringement - will help protect your business and give you clear options under Hong Kong law.
