Trademark Registration in Hong Kong

Overview: why register a trademark in Hong Kong?

Hong Kong is a major financial, trade and cargo transshipment hub in Asia, and an important gateway for import-export, distribution and franchising. For Vietnamese businesses dealing with international partners or using Hong Kong as a transshipment point, a trademark protected here helps stop counterfeits, imitations and brand disputes. A critically important point: Hong Kong has its own trademark system, separate from mainland China. A trademark registration in China (CNIPA) does not cover Hong Kong, and Hong Kong is not within the scope of a China designation under the Madrid System. To obtain protection in Hong Kong, a separate application must therefore be filed with the IPD. Hong Kong follows the first-to-file principle and has a relatively efficient, streamlined examination process compared with many places in the region.

Trademark registration cost in Hong Kong

Reference estimate for one class; extra classes cost more. Excludes VAT and extra costs under each country's rules (office action responses, oppositions, grant fees, translation/legalisation...).

Requirements for protection

• The sign must be capable of distinguishing goods or services; it must not be directly descriptive, generic or customary.
• It may be a word, device, logo, combination, shape, sound or smell — provided it can be represented clearly.
• It must not be identical or confusingly similar to a registered mark or an earlier application for identical or similar goods or services.
• It must not fall within prohibited signs: deceptive, contrary to public order or morality, or containing protected emblems.
• Classification follows the Nice Classification; a single application may cover multiple classes.
• A foreign applicant should appoint an address for service or representative in Hong Kong to receive notices.

Clearance search before filing

Before filing, it is advisable to search the IPD's online trademark database for identical or similar marks that are registered or pending, to assess registrability and the risk of refusal or opposition. Because Hong Kong is separate from mainland China, the search must be run directly on the Hong Kong system rather than relying on CNIPA data. LTV Law conducts the search and delivers an assessment report with recommendations.

Procedure & timeline by stage

Required documents

• A clear representation of the mark (image file for figurative or combined marks).
• The list of goods and services grouped by Nice class.
• Applicant details: name, address, nationality or country of incorporation.
• A power of attorney for the representative (if used); usually no notarisation or legalisation required.
• An address for service in Hong Kong to receive IPD notices.
• Priority document if claiming priority (within 6 months).

Validity & renewal

A Hong Kong trademark is valid for 10 years from the filing date and is renewable every 10 years without limit. Renewal is filed before expiry, with a grace period subject to a surcharge. After registration, the mark should be genuinely used: if not used for the continuous statutory period, it can be challenged for revocation on the ground of non-use by a third party, so keeping evidence of use is advisable.

Common grounds for refusal & how to handle them

• Lack of distinctiveness or descriptiveness — reply with argument, evidence of acquired distinctiveness through use, or by limiting the list.
• Identity or similarity with an earlier mark — highlight differences, limit the list, or provide a consent letter or coexistence agreement.
• Signs that are deceptive, contrary to public order or morality.
• Containing protected emblems or official signs without authorisation.
• Third-party opposition after publication — handled with evidence and argument in opposition proceedings.

Key notes for registering in Hong Kong

• •The single most important particularity: Hong Kong has its own trademark system, separate from mainland China. A CNIPA registration does not cover Hong Kong.
• •Hong Kong is not within the scope of a China designation under the Madrid System; a separate IPD filing is required to protect it.
• •The IPD's examination process is relatively efficient and streamlined compared with many places in the region.
• •A foreign applicant needs an address for service in Hong Kong to receive IPD notices.
• •If the strategy targets both mainland China and Hong Kong, plan two parallel applications.

Frequently asked questions