Trade Mark Application (Hong Kong)

A Trade Mark Application in Hong Kong records the information required to apply for the registration or permit involved.

The Trade Marks Ordinance (Cap. 559) replaced the earlier Trade Marks Ordinance (Cap. 43) in April 2003 and modernised Hong Kong's trade mark law in line with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Paris Convention for the Protection of Industrial Property. Under Cap. 559, any sign capable of being represented graphically and capable of distinguishing the goods or services of one undertaking from those of others is registrable, including words, logos, shapes, colours, sounds, and combinations thereof.

The Trade Marks Registry — part of the Intellectual Property Department located at 24/F, Wu Chung House, 213 Queen's Road East, Wan Chai, Hong Kong — examines all applications for both absolute grounds under Section 11 of Cap. 559 (distinctiveness, descriptiveness, deceptiveness, public policy) and relative grounds under Section 12 (conflict with earlier registered marks or well-known marks protected under Section 8). Once accepted, the application is published in the Hong Kong Intellectual Property Journal for a two-month opposition period under Section 13 of Cap. 559, during which any person may file a Notice of Opposition on Form T5.

If no opposition is filed — or if opposition proceedings are resolved in the applicant's favour before the Registrar — the Registry issues a certificate of registration. Registration lasts for ten years from the filing date under Section 45 of Cap. 559 and may be renewed indefinitely for further ten-year periods. Hong Kong trade mark registration does not extend to mainland China, which requires a separate application to the China National Intellectual Property Administration (CNIPA). A Trade Mark Application prepared through forms-legal.com helps applicants assemble all information required before completing official Form T2 for submission to the Intellectual Property Department.

A Trade Mark Application in Hong Kong is needed whenever a business or individual wishes to protect a brand name, logo, slogan, or other distinctive sign in connection with goods or services sold or provided in Hong Kong under the Trade Marks Ordinance (Cap. 559).

Registration is not compulsory — unregistered marks may be protected under the common law action of passing off before the Court of First Instance — but registration provides significant statutory advantages: an exclusive right to sue for infringement under Section 18 of Cap. 559 without needing to prove prior reputation or goodwill; entitlement to use the ® symbol; a public record of ownership on the Trade Marks Registry that warns competitors and deters copying; and the ability to record the registered trade mark with Hong Kong Customs and Excise Department to intercept counterfeit goods at the border.

Hong Kong operates on a first-to-file basis, meaning the applicant who files first generally prevails over an earlier user of the same mark who has not yet applied for registration. Businesses launching a new brand, product, or service in Hong Kong should file a Trade Mark Application as early as possible — ideally before the public announcement — to secure priority.

A Trade Mark Application is also needed where a business is entering the Hong Kong market from overseas and wishes to register its international brand under Cap. 559; where a business has discovered a competitor has applied to register a conflicting mark in the Hong Kong Intellectual Property Journal and wishes to establish earlier priority through a counter-filing; where a company is acquiring a business and must transfer or re-register trade mark ownership following the acquisition; where an existing registration is approaching the ten-year renewal deadline under Section 49 of Cap. 559 and renewal must be filed; and where a licensee requires confirmation of the licensor's registered trade mark before entering a licence agreement. The Intellectual Property Department processes applications through its e-filing portal and accepts paper filings at 24/F, Wu Chung House, 213 Queen's Road East, Wan Chai.

A complete Trade Mark Application for the Hong Kong Trade Marks Registry under the Trade Marks Ordinance (Cap. 559) must include the following key elements to pass examination by the Intellectual Property Department and proceed to registration.

Applicant details: full legal name of the individual, company, or partnership applying; HKID number (for individual applicants) or Business Registration number issued by the Inland Revenue Department (for companies); and a correspondence address in Hong Kong to which all Trade Marks Registry communications will be sent.

Clear representation of the trade mark: for word marks, the exact text in the font and case to be registered; for device marks (logos), a clear black-and-white or colour image meeting the IPD's format requirements; for three-dimensional marks, representations showing the mark from multiple angles; for colour marks, a description of the colours by reference to a recognised colour code (e.g. Pantone) and a depiction showing the arrangement.

Nature of the mark: word mark, device mark, combined word-and-device mark, three-dimensional mark, sound mark, colour mark, or other. The nature determines the examination criteria applied under Section 11 of Cap. 559.

Goods or services and Nice Classification classes: a specific, precise list of goods or services using the terminology of the 12th edition of the Nice Classification maintained by the World Intellectual Property Organization (WIPO), with the relevant class number or numbers. Classes 1–34 cover goods; Classes 35–45 cover services. The Intellectual Property Department charges a separate filing fee for each class — currently HKD 2,000 for the first class and HKD 1,700 per additional class under the same application.

Description of use or intended use: a statement confirming whether the mark is currently in use in Hong Kong in connection with the specified goods or services, or is intended to be used. Where distinctiveness through use is claimed to overcome an absolute ground objection under Section 11(2) of Cap. 559, evidence of use — sales figures, advertising expenditure, promotional materials, and market survey evidence — must be submitted.

Priority claim (if applicable): where the applicant claims Convention priority under the Paris Convention on the basis of a prior application filed in another Paris Convention country, the prior application number, country, and filing date must be stated. The priority claim must be lodged within six months of the earliest prior application date under Section 37 of Cap. 559.

Supporting documents: completed Form T2 (Application to Register a Trade Mark), five copies of the mark representation for device marks, any evidence of use or distinctiveness, priority document certified by the authority in the country of first filing, and the prescribed filing fee payable to the Government of Hong Kong SAR.

Filing date and application number: the date the completed Form T2 and correct fee are received by the Trade Marks Registry establishes the priority date. The forms-legal.com Trade Mark Application template guides applicants through all these elements before completion of Form T2 for submission to the Intellectual Property Department at 24/F, Wu Chung House, 213 Queen's Road East, Wan Chai.

Preparing a Trade Mark Application in Hong Kong for submission to the Trade Marks Registry of the Intellectual Property Department under the Trade Marks Ordinance (Cap. 559) requires assembling the following elements on Form T2 before lodgement.

1. State applicant details. Provide the full legal name of the individual, company, or partnership applying. Individual applicants supply their Hong Kong Identity Card number. Corporate applicants supply their Business Registration number from the Inland Revenue Department. A Hong Kong correspondence address is required for all Trade Marks Registry communications.

2. Prepare the mark representation. For a word mark, state the exact text and font. For a device or combined mark, prepare a clear image meeting the Intellectual Property Department's format requirements; five printed copies are required for paper filings. For colour marks, identify each colour by a recognised code such as Pantone and describe its layout. For three-dimensional marks, provide representations from multiple angles.

3. Classify goods and services. Select the applicable class or classes from the 12th edition of the Nice Classification: Classes 1 to 34 cover goods, Classes 35 to 45 cover services. Draft a precise list using recognised Nice Classification terminology. Broad or vague specifications risk Registry objection. Registration in classes not genuinely used or intended for use is liable to cancellation under Section 52 of Cap. 559 after three years.

4. Complete Form T2 and attach evidence if needed. Enter applicant details, mark description, selected classes, and the goods or services list. State whether the mark is in current use or intended for use. Where distinctiveness through use is asserted against an absolute-grounds objection under Section 11(2) of Cap. 559, attach sales records, advertising expenditure figures, or market survey results.

5. Claim Convention priority if applicable. Where the applicant filed earlier in another Paris Convention country, invoke Section 37 of Cap. 559 by stating the prior application number, country, and filing date. Claims must be lodged within six months of the earliest prior filing, with a certified copy attached.

6. Pay the filing fee and lodge Form T2. The fee is HKD 2,000 for the first class and HKD 1,700 per additional class. Paper submissions go by crossed cheque to the Intellectual Property Department, 24/F, Wu Chung House, 213 Queen's Road East, Wan Chai, Hong Kong; electronic submissions go through the IPD e-filing portal. Receipt of the completed form and correct fee establishes the application's priority date.

7. Respond to examination and monitor the opposition window. The Registry may raise objections; the applicant has one month to respond. Accepted applications are advertised in the Hong Kong Intellectual Property Journal for a two-month opposition period under Section 13 of Cap. 559. Retain the certificate of registration once issued and renew every ten years under Section 45 of Cap. 559.