Trademark Registration

A trademark is a sign that distinguishes the goods and services of one trader from those of others. Typically a trademark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically in order for it to be registered as a trademark.

Registering your trademark means that you have the exclusive right to use the trademark in relation to the goods and services for which the mark is registered. If other traders use it in the Hong Kong Special Administrative Region (the Hong Kong SAR) in relation to the same or similar goods or services without your consent, they may be liable for infringement of your trademark and you may take legal action. If you do not register your trademark, you may still use it but it is harder to prove that you are the “owner” of the mark and as such your protection is limited.

Registration of trademark in the Hong Kong SAR is governed by the Trade Marks Ordinance (Cap. 559) and Trade Marks Rules (Cap. 559A).

In the Hong Kong SAR, registration of company name, business name and trademark are regulated by different laws and systems. Registration of company name is handled by the Companies Registry, whereas registration of business name is handled by the Business Registration Office of the Inland Revenue Department. Registering business name or company name does not mean possession of the name as trademark.

In fact, when a company have the Certificate of Incorporation or the Business Registration Certificate, it does not imply that it has the right to use the name as trademark for promotion or selling products or services.

Trademark registration allows the owner enjoys the rights of using the trademark in the Hong Kong SAR.  Intellectual Property Department of the Hong Kong SAR provides free online search service (website: esearch.ipd.gov.hk). Using this service, you can search registered trademarks, trademark owners and the information of people and companies using relevant trademarks.