Trademark Protection in Hong Kong 2026: A Complete Guide to Registration & Enforcement

Trademark protection in Hong Kong gives you the exclusive right to use your brand's sign on your goods or services. Registration under the Trade Marks Ordinance (Cap. 559) lasts 10 years and is renewable indefinitely. The process takes about 6–9 months and costs HK$2,000 in official fees for the first class. Without registration, your only fallback is the harder-to-prove tort of passing off.

Key Takeaways

• Hong Kong trademark rights come primarily from registration under Cap. 559 — not from simply using the mark.

• A registration lasts 10 years and can be renewed without limit.

• The 6-step path is: search, file, examination, publication (3-month opposition), certificate, renewal.

• Official fee: HK$2,000 first class + HK$1,000 each additional class.

• Unregistered marks get weaker protection through the common-law tort of passing off.

How Trademark Protection Works in Hong Kong

Registration, Not Use, Is the Foundation

Unlike copyright, a trademark is not automatically protected by use alone. Registration with the Intellectual Property Department grants exclusive, enforceable rights across Hong Kong. It turns your brand into a clear, transferable asset.

What Counts as a Trademark?

Under Cap. 559, a trademark can be a word, logo, colour, sound, shape, or combination that distinguishes your goods or services. The sign must be distinctive and not descriptive of what you sell.

The 6-Step Registration Path & Timeline

Step 1: Preliminary Search (1–2 weeks)

Search the IPD register for identical or similar earlier marks in your classes. This single step prevents most rejections.

Step 2: Filing (2–4 weeks)

File Form T2 with a clear representation and an Edition 13 goods/services description via the e-Trade Mark portal.

Step 3: Examination (1–4 months)

The IPD checks formalities, distinctiveness and conflicts with earlier marks. Deficiencies must be corrected within the stated deadline.

Step 4: Publication & Opposition (3 months)

Approved marks are published in the Hong Kong Intellectual Property Journal. Third parties have 3 months to oppose.

Step 5: Registration Certificate (issued at 6–9 months)

If no opposition succeeds, the mark is registered and a certificate is issued.

Step 6: Renewal (every 10 years)

Renew before expiry to keep your rights alive; renewal is possible indefinitely.

Choosing the Right Nice Classes

Hong Kong uses the Nice Classification (edition 13). Register in the classes that genuinely cover what you sell — for example Class 43 for restaurants, Class 35 for retail and e-commerce, Class 9/42 for tech, Class 44 for beauty, Class 41 for education. See our trademark classes guide for the full cheat sheet.

Official Fees vs Agency Fees (2026)

• Application (Form T2): HK$2,000 first class + HK$1,000 per additional class.

• Preliminary advice (Form T1): HK$400 per class.

• Opposition (Form T6): HK$800.

• Agency fees: search, drafting, monitoring and renewal — quoted itemised upfront.

Enforcement: Infringement & Passing Off

A registered owner can sue for infringement where a third party uses an identical or confusingly similar mark on similar goods or services. Unregistered marks can still seek protection through the common-law tort of passing off, but this requires proving goodwill, misrepresentation and damage — a heavier burden.

Opposition, Revocation & Invalidation

• Opposition: third parties may oppose within 3 months of publication.

• Revocation: a mark unused for 3 consecutive years can be revoked for non-use.

• Invalidation: a registration can be struck down where it should not have been granted (e.g. lack of distinctiveness).

FAQ

Does using my brand automatically protect it in Hong Kong?

No. Hong Kong trademark rights rest mainly on registration under Cap. 559. Use alone only supports the weaker tort of passing off.

How long does Hong Kong trademark protection last?

A registration lasts 10 years from the filing date and can be renewed indefinitely.

How much does it cost to protect a trademark in Hong Kong?

The official application fee is HK$2,000 for the first class plus HK$1,000 for each additional class, with agency fees on top.

What is the difference between trademark registration and business registration?

Business registration (BR) only registers your company for tax and regulatory purposes. It does not give you exclusive rights to your brand name — only trademark registration does that.

What happens if someone uses my trademark without permission?

If your mark is registered, you can pursue an infringement action. If unregistered, you may rely on passing off, which is harder to prove. Early registration is the strongest safeguard.

Protect Your Brand with Confidence

Secure exclusive rights and stop others trading on your reputation. Get a free trademark search and success assessment — call +852 2810 6861 or explore our trademark registration services. See also our guide to trademark registration in Hong Kong and choosing the right classes.