Hong Kong Trademark Law: Cap. 559 Explained (Rights, Infringement & Renewal)

Hong Kong trademark law is governed by the Trade Marks Ordinance (Cap. 559). A registered mark grants the owner exclusive rights and lasts 10 years, renewable indefinitely. Owners can sue for infringement and rely on the common-law tort of passing off for unregistered marks. A mark unused for 3 consecutive years may be revoked.

Key Takeaways

• The Trade Marks Ordinance (Cap. 559) governs trademark registration and enforcement in Hong Kong.

• Registration grants exclusive rights for 10 years, renewable without limit.

• Infringement actions and the tort of passing off protect both registered and unregistered marks.

• A mark unused for 3 consecutive years can be revoked for non-use.

• Renewals should be filed before the mark's 10-year expiry to avoid losing rights.

What Cap. 559 Protects

The Trade Marks Ordinance (Cap. 559) protects signs that distinguish your goods or services — including words, logos, colours, sounds and shapes — once registered. Registration gives the owner exclusive rights to use the mark in Hong Kong.

Trademark 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 may still be protected through the common-law tort of passing off, which requires proving goodwill, misrepresentation and damage.

Opposition, Revocation & Invalidation

• Opposition: third parties can oppose an application within 3 months of publication.

• Revocation: a registration may be revoked if the mark is unused for 3 consecutive years.

• Invalidation: a registration can be declared invalid where it should not have been granted, for example for a lack of distinctiveness.

Renewal & Maintenance

A registration lasts 10 years from the filing date and can be renewed indefinitely by paying the renewal fee. File for renewal before expiry — a late renewal may still be possible within a grace period with a surcharge.

® vs ™ Under HK Law

Use ™ to signal unregistered use or an application in progress. Use ® only after your mark is registered in Hong Kong. Using ® without registration can mislead consumers and undermine an infringement claim.

FAQ

What is Cap. 559?

The Trade Marks Ordinance (Cap. 559) is the primary Hong Kong statute governing trademark registration, rights and enforcement.

How long does a Hong Kong trademark last?

10 years from the filing date, renewable indefinitely.

What is the difference between infringement and passing off?

Infringement applies to registered marks, while passing off protects unregistered marks through goodwill, misrepresentation and damage.

Can a trademark be revoked in Hong Kong?

Yes — a mark unused for 3 consecutive years can be revoked for non-use.

When can I use the ® symbol?

Only after your trademark is officially registered in Hong Kong.

Protect Your Brand with Confidence

Understand your rights and enforce them effectively. Get a free brand assessment — call +852 2810 6861 or explore our trademark registration services. See also our guide to trademark registration in Hong Kong and how to file a trademark application.