Legal Framework and Governing Authority

The current trademark laws and regulations in Hong Kong are primarily based on the Trade Marks Ordinance (Chapter 559), which came into effect on April 4, 2003, and the Trade Marks Rules (Chapter 559A), implemented on the same date.
The governing authority is the Hong Kong Intellectual Property Department (HKIPD), responsible for managing trademark-related matters.

Classification

Hong Kong adopts the Nice Classification (12th edition), dividing trademark registration into 45 classes (34 classes for goods and 11 classes for services). After a trademark is registered, the protection scope is limited to the approved classes and the specified goods/services.

International Treaties

• Paris Convention 
• TRIPS Agreement
• Nice Agreement
• Hong Kong-New Zealand Closer Economic Partnership Agreement

Convention Priority

If an applicant has filed a trademark registration application for the same goods or services in a Paris Convention member country or a WTO member country within six months prior to submitting their Hong Kong trademark application, they can claim priority for the Hong Kong registration. For example, if a mainland Chinese enterprise has registered a trademark in mainland China and subsequently applies for the same trademark in Hong Kong within six months, the registration can be completed by claiming the priority.

Examination Procedure

• Submission of Application: The applicant must submit the required documents to the Trademark Office. 
• Formal Examination: A formal examination is conducted to check for deficiencies in the application materials, such as clarity and completeness of the documents.
• Substantive Examination: A substantive examination is carried out to review trademark records, ensuring there are no similar trademarks and that the application complies with the Trade Marks Ordinance (Cap. 559). This includes determining whether the trademark is distinctive and does not violate any prohibitive provisions.
• If the application does not meet the requirements, the examiner will issue an objection. The applicant must respond and resolve the issues within six months (with possible extensions). The Trade Marks Registry typically provides guidance on how to address the objections.
• Once the trade mark has been accepted for registration, it is published in the Hong Kong Intellectual Property Journal.

Opposition and Registration

Within three months after the publication of the trademark, any person may file an opposition with the Registrar of Trade Marks. According to Hong Kong law, the applicant may choose to withdraw the trademark or submit a counterstatement in response to the opposition. After the counterstatement is submitted, the Registrar will collect evidence from both parties, arrange a hearing for both sides, and make a decision. Furthermore, even if the opponent fails to file an opposition within the three-month time limit, they can later submit an objection to the Registrar of Trade Marks or the court, through legal proceedings, to determine the validity of the trademark registration.
Once the trade mark has been accepted for registration, the Registrar of Trade Marks will enter the details of your trade mark into the trade marks register and the applicant will be issued with a certificate of registration. Notice of the registration will be published in the Hong Kong Intellectual Property Journal and the registration of your trade mark will date back to the filing date of your application. That means as the owner of a registered trade mark, your rights take effect from the filing date of the application.

Trademark Protection Period and Renewal

The validity period of a registered trademark is 10 years, and it can be renewed for another 10 years upon expiration. Renewal applications must be submitted within 6 months before the trademark expires, with a grace period of six months. If the renewal application is not submitted by the end of the grace period, the trademark rights can be restored by submitting a restoration application, but this must be done within 6 months after the grace period.

Non-Use Cancellation System

According to the relevant regulations in Hong Kong, China, if a registered trademark has not been in actual use in the locality for three consecutive years from the date of registration, any third party may file a cancellation request against the trademark registration on the grounds of non-use.