The Hong Kong Special Administrative Region of the People's Republic of China (hereinafter referred to as "Hong Kong") is a crucial gateway for China. With its advantageous geographical location and liberal economic policies, Hong Kong holds a key position in international trade and finance. The region boasts a mature intellectual property protection system, making it an ideal place for businesses to expand into international markets.
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.
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.
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.
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.
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.
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.
Hong Kong’s current patent laws and regulations are primarily based on the Patents Ordinance (Cap. 514) and the Registered Designs Ordinance (Cap. 522). Detailed procedural provisions are set out in the Patents (General) Rules (Cap. 514C) and the Registered Designs Rules (Cap. 522A).
The governing authority is the Hong Kong Intellectual Property Department (HKIPD), which is responsible for administering patent and design matters.
Paris Convention
TRIPS Agreement
(Note: Hong Kong is not a contracting party to the PCT. However, PCT applications designated to China may be re-registered in Hong Kong under the standard patent (re-registration) route after grant by CNIPA.)
If an applicant has first filed a patent application for the same invention in a Paris Convention country or a WTO member country within 12 months before filing in Hong Kong, they may claim priority based on that earlier filing date in their Hong Kong application.
1.Standard Patent (Re-registration)
The applicant submits a first-stage “record request” to HKIPD, providing the application number and relevant details of a published patent application at a designated patent office.
HKIPD conducts a formality check and records the application, publishing it approximately 3–6 months later.
Within 6 months of the designated patent office granting the patent, the applicant submits a second-stage “registration and grant request” to HKIPD.
HKIPD carries out another formality check; once approved, the application is registered and the standard patent certificate is issued.
2.Standard Patent (Original Grant)
The applicant submits a complete set of application documents to HKIPD, including the specification, claims, abstract, and drawings.
HKIPD conducts a formality check.
The applicant must request substantive examination within 3 years from the application date.
Upon passing substantive examination, HKIPD publishes the grant in the official gazette and issues the patent certificate.
3.Short-Term Patent
The applicant submits application documents to HKIPD along with a search report issued by a designated patent office.
HKIPD conducts a formality check and approves registration in approximately 3–6 months.
The grant is then published in the gazette.
4.Registered Design
The applicant files an application with HKIPD, including design representations and a brief description.
HKIPD conducts a formality check.
Upon approval, the design is registered, published, and a registration certificate is issued.
Standard Patent (Original Grant): After publication of the patent application and before grant, any person may file an opposition with HKIPD. After grant, any person may apply to the court, on the grounds stipulated in the Patents Ordinance, to have a standard patent declared invalid.
Short-Term Patent and Registered Design: After grant, any interested party may apply to the court or HKIPD for revocation of the patent or registered design. Common grounds include lack of novelty, lack of inventive step, or the applicant not being entitled to the rights. For short-term patents, any person may apply to the court for revocation on grounds of lack of novelty or inventive step.
Standard Patent: Protection lasts for 20 years from the filing date. Annual maintenance fees are payable after grant. If fees are not paid on time, payment may be made within the grace period with a surcharge.
Short-Term Patent: Protection lasts for a maximum of 8 years from the filing date: initial term of 4 years, with one renewal of 4 years available before expiry.
Registered Design: Protection lasts for 25 years from the filing date. The initial protection period is 5 years, renewable every 5 years for up to 4 additional terms.
Hong Kong does not have a revocation system based solely on non-use. However, if annual fees are not paid on time, the rights will lapse. Lapsed rights may be reinstated within 6 months of termination, provided a reason is given and the reinstatement fee is paid.
