Why Hong Kong Requires a Separate Trademark Registration
Many international businesses assume that a China mainland trademark registration automatically covers Hong Kong. This is incorrect. Hong Kong operates its own independent intellectual property system under the “one country, two systems” principle. A CNIPA registration does not extend to Hong Kong, and vice versa.
Hong Kong\’s trademark system is governed by the Trade Marks Ordinance (Cap. 559) and administered by the Hong Kong Intellectual Property Department (IPD). It follows common law principles similar to the UK system, making it distinct from mainland China\’s civil law approach.
Hong Kong vs Mainland China: Key Differences
| Feature | Hong Kong | Mainland China |
|---|---|---|
| Governing Law | Trade Marks Ordinance (Cap. 559) | Trademark Law of the PRC |
| Legal System | Common Law (UK-based) | Civil Law |
| Examining Authority | HK IPD | CNIPA |
| First-to-File | Yes | Yes |
| Protection Period | 10 years from filing date | 10 years from registration date |
| Use Requirement | Non-use cancellation after 3 years | Non-use cancellation after 3 years |
| Madrid System | Not applicable | Applicable |
| Official Language | Chinese (Traditional) / English | Chinese (Simplified) |
Hong Kong Trademark Filing Process
Step 1: Trademark Search
Before filing, conduct a comprehensive search of the HK IPD online database to identify potential conflicts with existing registrations or pending applications. This step is critical — Hong Kong follows a first-to-file system, and conflicting marks will be rejected during examination.
Step 2: Application Filing
Submit the application to the HK IPD with:
- Applicant\’s name and address
- Clear representation of the trademark
- List of goods/services classified according to the Nice Classification
- Filing fee (HK$2,000 for the first class, HK$1,000 per additional class)
Step 3: Formality and Substantive Examination (4–6 months)
The HK IPD examines the application for compliance with formal requirements and substantive grounds for refusal — including distinctiveness, descriptiveness, and conflict with prior marks. If objections are raised, you have 6 months to respond.
Step 4: Publication and Opposition (3 months)
Once the application passes examination, it is published in the Hong Kong Intellectual Property Journal. Third parties have 3 months to file an opposition. If no opposition is filed, the trademark proceeds to registration.
Step 5: Registration and Certificate
Upon successful registration, the HK IPD issues a Certificate of Registration. The trademark is protected for 10 years from the filing date and can be renewed indefinitely for further 10-year periods.
Madrid System and Hong Kong
The Madrid System for International Trademark Registration does not currently extend to Hong Kong. This means:
- You cannot designate Hong Kong in an international (Madrid) application
- A Hong Kong trademark registration does not serve as a basis for a Madrid application
- Hong Kong must be filed separately through a local agent or directly with the HK IPD
This is a key consideration for brands planning a Greater China IP strategy. We recommend registering in mainland China, Hong Kong, Macau, and Taiwan as separate filings to ensure comprehensive protection across the region.
Timeline and Costs
A typical Hong Kong trademark registration takes approximately 6–8 months from filing to registration, assuming no objections or oppositions. The official filing fee is HK$2,000 for the first class plus HK$1,000 per additional class. Our agent service fee covers search, filing, responding to office actions, and certificate delivery.
Frequently Asked Questions
Does a mainland China trademark cover Hong Kong?
No. Hong Kong operates its own independent trademark system under the “one country, two systems” framework. A CNIPA trademark registration does not extend to Hong Kong. You must file a separate trademark application with the Hong Kong Intellectual Property Department (IPD) to obtain protection in Hong Kong.
How long does it take to register a trademark in Hong Kong?
A typical Hong Kong trademark registration takes 6–8 months from filing to registration, assuming no objections or oppositions. The process includes formality examination (1–2 weeks), substantive examination (4–6 months), and a 3-month publication/opposition period.
Can I use the Madrid System to protect my trademark in Hong Kong?
No. The Madrid System for International Trademark Registration does not extend to Hong Kong. You cannot designate Hong Kong in an international (Madrid) application, and a Hong Kong registration cannot serve as the basis for a Madrid application. Hong Kong must be filed separately.
What are the official fees for Hong Kong trademark registration?
The official filing fee is HK$2,000 for the first class and HK$1,000 for each additional class. There are no additional fees for examination or registration. Renewal costs are similar to the initial filing fee.
Do I need to use my trademark in Hong Kong to maintain registration?
Yes. Under Hong Kong\’s Trade Marks Ordinance, a registered trademark that has not been put to genuine use in Hong Kong for a continuous period of 3 years may be subject to cancellation for non-use by a third party. We recommend maintaining evidence of use for your Hong Kong trademark.
What about Macau and Taiwan?
Macau and Taiwan each have independent trademark systems separate from both mainland China and Hong Kong. For comprehensive Greater China protection, we recommend registering your trademark in all four jurisdictions: mainland China, Hong Kong, Macau, and Taiwan. Each requires a separate application and involves distinct procedures and fees.
