1. What is a trademark?
   • Trademark can be word, letter, number, colour, pattern, sound, smell, 3D shape or any combination of these elements.
     
     
2. What are the requirements for registering a trademark?
   • The trademark must be distinctive.
   • There is no identical or similar pre-registered trademark.
   • If a trademark involves geographical name or description of a specific product or service, the approval authority may raise an objection.
     
     
3. What are the rights of a trademark owner?
   • Owners can print the symbol ® to show that the trademark has been registered.
   • Infringement may have occurred if a trademark is the same or substantially similar to a registered trademark, or a third party copies or counterfeits a registered trademark without consent; If there is any suspected infringement, FHKI’s Intellectual Property Centre may provide professional advice on the issue.
   • It is a violation of law if a registered trademark is used in one’s products and/or services without the permission of the trademark owner. Trademark owners may take legal action to stop further infringement and claim for damages from the infringer.

Hong Kong

4. How to register a trademark in Hong Kong?
   • Application
     • With sufficient information, the process can be completed in days.
   • Deficiency Checking
     • It will take around one to six months.
     • If any required information is missing, the Trade Marks Registry will ask applicant to provide such information within two months from the date of the Registry's notice.
       
   • Search & Examination
     • If the application does not meet the requirements for registration, the Registry will raise an objection.
     • An applicant will need to meet the requirements in six months.
     • Even if the applicant had responded to the objection, the application may be unable to meet all registration requirements. If the applicant wishes to pursue the application, he/she will have three months from the date of issuance of further option by the Trademarks Registry to satisfy the registration requirements or call for a hearing.
   • Publication for Opposition
     • Anyone can view an applicant's trademark in the Hong Kong Intellectual Property Journal and lodge an opposition.
     • Anyone who wishes to make an objection can file an opposition notice within 3 months from the publication date.
   • Registration
     • It will take one to two months to issue a certificate of registration.
       
       
5. How long does a trademark protection last?
   • A maximum of 10 years and is renewable for a period of ten years. There is no limit on the number of renewals.
   • A registered trademark may be challenged in revocation proceedings if it has not been used in Hong Kong for a continuous period of three years.

China

6. How to register a trademark in China?
   • Application
     • With sufficient information, the process can be completed in days.
   • Formality Checking (Deficiency Checking)
     • It will take around one to two months.
     • If any required information is missing, the Trade Mark Office will ask applicants to provide the information to remedy the deficiencies within 30 days from the date of receiving the official notice.
   • Substantial Examination (Search & Examination)
     • It will take around four to eight months.
     • Objection: The Trade Mark Office will raise an objection if the requirements for registration are not met.
     • Objection Hearing: An applicant will have around one month to file an application of responding to the Trademark Review and Adjudication Board.
     • If the Trade Mark Review and Adjudication Board has not preliminarily approved and published the application, and the applicants still wish to pursue the trademark application, he/she has two weeks from the date of the notice from the Board to apply for a court hearing.
   • Preliminarily Approved and Published (Publication for Opposition)
     • Anyone can view an applicant's trademark on the Gazette and the official website and lodge an opposition to it.
     • Anyone who wishes to make an objection can file an opposition notice within three months from the publication date.
   • Registration
     • It will take around two to six months to issue a certificate of registration.

 

Free Consultation & Enquiries

FHKI Intellectual Property Centre
Tel: 2732 3182 / 2732 3180
Email: ipc@fhki.org.hk