For complete and official details on the the procedure, kindly refer to website of Intellectual Property Department of Hong Kong
Government(http://www.ipd.gov.hk/eng/trademarks.htm)
.

Here is a brief list for quick reference:

Meaning of trademark:

A sensible and distinct sign that people can distinguish product(s) of a business holder from those of another

Authority to administrate Trademark Registry in Hong Kong:

Intellectual Property Department (http://www.ipd.gov.hk/)

Law that regulate the registration:

Trademarks Ordinance and Trademark Rules

The reason to register the trademark:

  • A registered trademark in Hong Kong can prevents other business holders from using a similar mark to promote his goods or services
  • Register a trademark is not compulsory to run businesses but it is usually good for product and brand name marketing because of a stronger public perception

Trademark can include one of the following:

  • Letters, characters, words, phrases, slogans, numerals
  • Logos, symbols, designs
  • Sounds, jingles
  • Colors
  • A factor of packaging

Validity period of a trademark registration in Hong Kong:

  • 10 years from the date of application
  • Renewable indefinitely for further 10 years

Procedure of registration in Hong Kong:

  1. Self-search online for conflicts with existing trademarks in Intellectual Property Department:
    Website: http://ipsearch.ipd.gov.hk/index.html
  2. Determine Class of goods or services:
    There are totally 34 classes of goods and 11 classes of services for selection
    Which classes of a trademark belongs must be determine before submission
    A trademark can belong to multi-class if necessary
  3. Self-determine trademark uniqueness
    to examine a proposed trademark according to 3 aspects:

    • High distinctiveness: be able to distinguish the goods and services from the others
    • Not to be descriptive: must not directly name and describe the goods and services class, no geographical names
    • No conflict of common terms & object: must not include a expression which is common in the related industry
    • Example: “Hong Kong Good Quality Fashion” is not acceptable because it includes geographical name (Hong Kong), describing a class of good (Good Quality), and popular terms (Fashion).
  4. Paper work (application form) and pay the government fee to Intellectual Property Department
    with complete the clear graphical express of a trademark with the application
  5. If any incomplete information is found, 2 months are given to make necessary change
  6. Result notification
If it is failed:
  1. Applicant can follow the remedial measure and re-submit within 6 month after the notice.
  2. – OR –
  3. Applicant can call for a hearing session where all evidence for and against the trademark are considered, the result of the session is final
If it is successful:
  1. The result and trademark will be published in the Hong Kong Intellectual Property Journal, public can oppose to the trademark within 3 months.
  2. Applicant can withdraw the trademark or call for hearing session where the evidence against it by the opposing party is considered, the result is final.
  3. If no objection OR resolution of the opposition
  4. Notice of successful registration will be published on Hong Kong Intellectual Property Journal
  5. Applicant will have a Registration Certificate.

Fact of using Trademark in Hong Kong:

  • The use of Registered Trademark Symbol ® (described: a capitalized character “R” centered in a circle) means it is a legally registered trademark, it is illegal to use this symbol when the trademark is not registered
  • The use of Trademark Symbol ™ means an presentation (may includes word, image or sign) is a trademark of a business, it may not be a registered trademark