Even though Hong Kong is a special administrative region of China, Hong Kong has its own trademark law and system. Therefore, an application for a Hong Kong trademark has to be filed before the Hong Kong Trademark Office (not the China office).
An International trademark application or extension through WIPO is not possible for Hong Kong since Hong Kong is not a member of the Madrid system.
An international applicant can file a Hong Kong trademark application without representative. However, a professional representative can assist you to fulfill legal requirements and minimize the risk of refusal. Once the application has been accepted, the authority will examine the Hong Kong trademark application thoroughly. These examinations include a formality examination, a distinctiveness examination and a search for prior registered Hong Kong trademarks. The application which passes all examinations will be published in the Hong Kong Intellectual Property Journal for opposition purpose. This opposition period lasts 3 months starting from the publication date. During this period, any third party who has prior right could oppose the registration of the Hong Kong trademark. In order to lower the chance of opposition, a proper search for similar or identical Hong Kong trademarks is advisable. A comprehensive search will allow an applicant to foresee the possibility of an opposition and modify the mark before filing. The duration of a Hong Kong trademark registration is 10 years from the date of application and can be renewed for periods of 10 years.
The Hong Kong trademark owner has to use the registered trademark in Hong Kong within 3 years from the registration date. Failure to use the mark in this period or stop using the mark for 3 consecutive years may result in trademark cancelation.
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