It’s an unfortunate reality that brand theft happens every day. Competitors copy successful names, logos get hijacked, and valuable business identity disappears overnight. In fact, research shows that 85% of large companies have experienced brand infringement incidents. What compounds these risks is the fact that brand assets can account for 30-50% of a company’s total value. Where consumer perception is everything, it’s essential to protect your brand and its associated assets. 

In our experience, smart Hong Kong businesses will always protect themselves before problems start. Hong Kong runs a trademark system established in 1874, making it among the longest-operating registries globally. The legal framework operates under the Trade Marks Ordinance (Cap. 559), administered by the Intellectual Property Department, offering comprehensive protection for registered marks. Notably, Hong Kong’s system also operates independently from Mainland China under “one country, two systems”, requiring separate applications for each jurisdiction.

This guide gives business owners, entrepreneurs, and brand managers practical knowledge for securing trademark protection in Hong Kong. Learn who should register, what qualifies for protection, the application process from start to finish, pitfalls that derail applications, and international protection strategies. Discover how early trademark registration becomes a valuable business asset supporting growth, licensing revenue, and market positioning.

Hong Kong Trademark Registration: Who Should Do It?

Our advice to our clients is always not to think of whether your business needs trademark protection, but rather whether you can afford to operate without it. Different types of businesses face distinct risks, but the consequences of delayed registration remain universally problematic.

SMEs and Startups: The Early Protection Advantage

Small and medium-sized enterprises (SMEs) and startups often discover trademark vulnerability too late. Competitors can register your brand first, creating “lock-up situations” that legally prevent you from using your own business name. When this happens, expensive rebranding during cash-tight growth phases can seriously damage market momentum. We’ve seen promising businesses forced to rebuild their entire identity because they treated trademark registration as something to handle “later.”

Digital Businesses: Modern Brand Threats

E-commerce and digital businesses face modern brand threats that spread faster than traditional copying ever could. Social media platforms, online marketplaces, and search engines create multiple attack vectors for brand abuse. Registered trademarks provide the legal standing needed to remove fake accounts and stop unauthorised brand use, while unregistered brands often spend months fighting platform bureaucracy with limited success.

Franchisors: Trademarks as Revenue Assets

Franchisors and licensors treat trademarks differently – as income-generating assets rather than defensive tools. Registration creates the legal foundation that allows brand licensing and franchising arrangements. Without registered rights, there’s no legal property to license, and potential franchisees typically avoid unprotected brands.

What Gets Protected

The scope of protection extends beyond company names to logos, slogans, and Chinese characters. For businesses targeting Chinese-speaking markets, registering Chinese versions prevents competitors from claiming market-adopted translations. Hong Kong’s series filing system allows both English and Chinese versions in a single application, making comprehensive protection both practical and cost-effective.

What Can Be Registered as a Trademark in Hong Kong

Not every business name or logo qualifies for trademark protection. Hong Kong’s legal framework requires marks to distinguish goods or services while being capable of graphical representation. Understanding these boundaries will help prevent wasted applications and expensive rejections.

Traditional Marks Work Best

In our experience, most successful applications involve straightforward elements that Hong Kong’s system handles smoothly:

• Word marks including invented terms, dictionary words used arbitrarily, or personal names
• Letters, numbers, and combinations like HSBC or MTR
• Designs and logos representing visual brand symbols
• Slogans and taglines that identify particular businesses

These standard categories face fewer examination hurdles and generally receive approval faster than unusual mark types.

Creative Marks Face Higher Barriers

Hong Kong does accept non-traditional trademarks, but the associated challenges can outweigh theoretical possibilities. Three-dimensional shapes, including product forms and packaging designs, can be registered, even if they don’t serve purely functional purposes (e.g. a distinctive shape for a bottle). Colour combinations work when they’ve gained distinctiveness through extensive use.

Sound marks like distinctive jingles qualify if properly represented through musical notation. We should note, however, that the graphical representation of the sound or music creates the obstacle here, as it’s the written music that is measured. Smell marks remain theoretically possible but obviously practically impossible, as describing scents clearly enough for legal registration proves extremely difficult.

Common Rejection Reasons

Understanding why applications fail helps avoid expensive mistakes. Marks lacking distinctiveness face immediate rejection. Descriptive terms like “Quality Handbags” or “Fresh Bread” cannot be monopolised because other traders need these words.

Generic industry terms remain available for all businesses. You can’t trademark “smartphone” for mobile devices or “coffee” for cafés. Misleading marks get rejected, particularly those suggesting false geographical origins.

Recent changes include heightened scrutiny for marks threatening national security. Political sensitivity now affects trademark examination in ways that weren’t relevant five years ago.

The most expensive rejection involves conflicts with existing registrations. Applications identical or similar to earlier marks face refusal, making preliminary searches valuable insurance against this common problem.

Other common rejection reasons include:

• Shape marks that serve purely functional purposes or give substantial value to goods
• Public policy violations including marks contrary to accepted moral principles
• Deceptive marks that mislead consumers about product nature, quality, or origin
• Bad faith applications filed with dishonest intentions or ulterior motives

The Registration Process: From Application to Certificate

Hong Kong’s trademark registration follows a predictable path that can take as little as six months for unopposed applications. Each phase presents specific requirements and potential delays that applicants should anticipate.

Pre-Application Research: Avoiding Expensive Mistakes

The IPD offers free online database searches that reveal obvious conflicts, but in our experience, these basic searches can miss subtle similarities that could sink applications. We’ve seen many businesses skip or underdo this step and pay for it later.

The Registry’s formal search service offers some preliminary advice on registration prospects. Since the main application fees are non-refundable, this upfront cost often prevents much larger losses. If in doubt during this important discovery process, it is always recommended to seek the advice of a professional service provider. 

Filing Your Application

Online filing through the IPD e-filing system works well, though physical submission remains available for those who prefer it.

All applicants need a valid Hong Kong address for service, and P.O. boxes and virtual offices don’t qualify. Foreign applicants without a Hong Kong residence or business operations must appoint a registered local agent, such as InCorp.

Once filed, applications become locked. Only minor clerical corrections are permitted, so preparation matters.

Examination Phase: Two to Four Months

The Registry checks applications for completeness, then examines them against legal requirements. Examiners search for conflicting prior marks and assess whether marks meet distinctiveness standards.

Applicants get six months to respond to objections, with three-month extensions available. This response window allows for amendments, legal arguments, or evidence of acquired distinctiveness through prior use.

Publication and Opposition

Accepted applications appear in the Hong Kong Intellectual Property Journal for a three-month opposition period. Third parties who believe registration would harm their interests can file formal opposition during this window.

Registration and Rights

Unopposed applications proceed to registration with certificate issuance. Rights date back to the filing date, providing protection from the original application submission rather than registration completion.

The complete process timeline:

• Pre-filing research: 1-2 weeks (optional)
• Examination: 2-4 months
• Publication: 3 months
• Registration: 1-2 months post-publication
• Total: 6-9 months for smooth applications

Common Trademark Mistakes and How to Avoid Them

We see that most trademark failures arise from predictable errors that cost applicants time and money. Four mistakes account for the majority of rejected applications.

Wrong Class Selection

Hong Kong uses the Nice Classification that divides global commerce into 45 classes (34 goods and 11 services). A coffee business might file in Class 30 for beans but forget Class 43 for café services, leaving half their business unprotected.

Vague specifications like “general trading” trigger examination objections. Precise descriptions work better than broad categories.

Descriptive Names

Marks like “Fast Courier” face rejection for being descriptive. One business cannot monopolise words that other traders need. Invented words like “Kodak” or arbitrary terms like “Apple” for computers provide stronger protection.

Missing Deadlines

We’ve unfortunately seen many applicants miss the required deadlines, which results in their application being deemed withdrawn or abandoned. Self-filing applicants must maintain careful calendar systems.

Non-Use Issues

Registered marks face revocation after three years of non-use in Hong Kong. Maintain records of commercial use from day one—invoices, marketing materials, and packaging become valuable evidence during challenges.

The Value of Professional Guidance

We have seen these too-common pitfalls cost businesses thousands in forfeited fees and lost opportunities. Having handled hundreds of trademark applications across Hong Kong, our team at InCorp knows exactly which pitfalls to watch for and how to avoid them before they derail your application. Our specialists undertake thorough preliminary searches, select appropriate classifications, craft strong mark descriptions, and maintain strict deadline management. 

While self-filing often appears cost-effective at first glance, the high risk of rejection often makes professional representation the more economical choice for protecting your brand investment.

International Trademark Protection: China and Madrid System

Hong Kong’s trademark registration protects brands within the territory only, which means businesses expanding across Asia need separate protection strategies for different markets, particularly Mainland China.

Madrid Protocol: Coming Soon to Hong Kong

Hong Kong is not yet a Madrid Protocol member, but implementation is expected soon. This international system allows trademark filing in multiple countries through a single application.

Hong Kong will join via China’s membership extension, creating an unusual limitation. Madrid Protocol rules prevent applicants from designating their own country, meaning Hong Kong applicants cannot use Madrid to protect marks in Mainland China, and vice versa.

Hong Kong vs China: Two Separate Systems

Given that Hong Kong and Mainland China operate completely independent trademark systems, registration in one territory provides zero protection in the other.

Key differences matter for business strategy:

• Filing systems: Hong Kong follows “first-to-use” principles, while China operates strict “first-to-file”
• Language: As mentioned earlier, Hong Kong accepts English and Traditional Chinese; however, China requires Simplified Chinese
• Classification: Hong Kong interprets Nice Classification flexibly; China uses rigid sub-classifications (although it is based on the Nice Classification)
• Trademark squatting: China’s first-to-file system makes early registration critical to prevent bad-faith filings

For brands targeting Chinese-speaking markets, developing and registering Chinese character versions in both jurisdictions is well worth the time and investment as it prevents competitors from claiming unofficial translations. In the long term, the cost of dual filing remains far less than losing brand control to trademark squatters.

After Registration: Maintaining and Enforcing Your Trademark

We’ve seen that for many trademark holders, registration can mean the beginning, not the end, of trademark management. Hong Kong registrations require active maintenance and enforcement to retain their value and legal strength.

Ten-Year Renewal Cycles

Hong Kong trademarks last ten years from the filing date, and renewal applications must be filed within six months before expiry.

Missing the deadline triggers a six-month grace period with late fees. Failing to renew within this grace period removes the mark from the register.

Use It or Lose It

As covered earlier, Registered marks face revocation after three years of continuous non-use in Hong Kong. Third parties can initiate revocation proceedings against unused marks, forcing owners to prove genuine commercial use.

We recommend all trademark holders keep detailed records of use including invoices, marketing materials, packaging, and website screenshots. These records become vital evidence during revocation challenges and enforcement actions against infringers.

Where to Next With InCorp

Hong Kong’s trademark system offers strong protection for businesses that understand its requirements and deadlines. From initial searches through registration and renewal, each step requires precision and local knowledge that can make the difference between success and expensive failure.

InCorp’s trademark specialists handle the complete registration process, from preliminary searches and application filing through examination responses and renewal management. Our team combines deep knowledge of Hong Kong and China’s systems with practical experience across Asian markets, ensuring your brand receives comprehensive protection that supports long-term growth.

Contact InCorp today to discuss your trademark protection needs and discover how our expertise can secure your brand’s legal foundation in Hong Kong and beyond.