1、 Introduction to Hong Kong Trademarks in China

The Hong Kong Trademark Law is formulated based on the UK Trademark Law and belongs to the Anglo American legal system, just like the UK. The registration of Hong Kong trademarks is mainly based on the principle of prior use, supplemented by the principle of prior application. The new Hong Kong intellectual property law came into effect on April 4, 2003. Product trademarks, service trademarks, series trademarks, defense trademarks, certification trademarks, shape trademarks, and odor trademarks can all be registered in Hong Kong, China.

2、 Required Information for Hong Kong Trademark Registration Application

1. Apply as a legal entity, with one copy of the Business License or valid registration certificate attached; Apply as a natural person with one copy of personal identification document attached;

2. The applicant's detailed information, including name or title, nature, nationality, as well as detailed address, postal code, and contact information;

3. Electronic trademark samples;

4. Product name and category;

5. To apply for priority, provide a priority declaration material (proof of applying for the trademark in another country within six months).

3、 Hong Kong Trademark Examination Procedure and Time

1. Applicant qualifications: Domestic or foreign legal persons, natural persons, or organizations can apply for trademark registration.

2. Trademark examination (smooth progress):

(1) Formal examination: The official acceptance letter can be obtained within approximately 7 working days after the application is submitted. The 10 works can be found on the official website of the Hong Kong Trademark Office, including the application number and confirmed application time. At this stage, the two month review of the application documents will determine if they meet the requirements.

(2) Substantive examination: Three months of substantive examination, to examine whether the trademark has registrability according to the law, such as whether it has distinctiveness. If the examiner considers that the trademark is not suitable for registration, a rejection notice shall be issued. The applicant can provide a response within the specified time. The applicant can also apply for a delay in responding.

(3) Trademark Announcement: After the trademark is reviewed, the applicant will be informed that the trademark application has been accepted and published in the trademark announcement. Anyone can raise objections within the 3-month announcement period, stating their reasons and submitting relevant evidence.

(4) Registration approval: Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take 8 months.

(5) Certification: If there are no objections upon the expiration of the announcement period, a 20 day email delivery period can be reserved for certification.

(6) Registration of Hong Kong trademark is valid for 10 years and can be renewed indefinitely.