Registering Trademarks and Patents in Hong Kong

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Hong Kong has its own intellectual property system, separate from mainland China. A trademark or patent registered in mainland China does not protect you in Hong Kong, and vice versa. This article summarises how to register trademarks and patents in Hong Kong.

1. Trademarks

• Authority: the Trade Marks Registry of the Intellectual Property Department.
• System: first to file. One application can cover several classes of the Nice Classification.
• Madrid Protocol: since February 2024, Hong Kong can be designated in an international application, and Hong Kong applicants can use the Madrid system to protect their marks abroad.
• Procedure: examination, publication and a three-month opposition period. If there are no objections, registration usually takes several months.
• Duration: 10 years from the filing date, renewable indefinitely for further 10-year periods.

Tip: if you sell to Chinese-speaking customers, consider registering your brand in Chinese characters as well as in Latin letters.

2. Patents

Hong Kong offers three types of patent protection:

• Standard patent through re-registration: based on a patent application filed with one of the designated offices (the China National Intellectual Property Administration, the European Patent Office designating the UK, or the UK Intellectual Property Office). It involves two stages: a request to record the designated application, and a request for registration once the designated patent is granted. Maximum term: 20 years.
• Original grant standard patent: available since 2019, filed directly in Hong Kong with substantive examination by the Patents Registry. Maximum term: 20 years.
• Short-term patent: faster and cheaper, granted without substantive examination. Maximum term: 8 years.

Industrial designs can be registered separately, with protection renewable in five-year periods up to 25 years.

3. Practical tips

• File before launching the product or brand in Hong Kong, and before disclosing an invention publicly.
• Coordinate Hong Kong, mainland China and your home country filings, using priority periods (six months for trademarks and designs, twelve months for patents).
• Keep track of renewal deadlines and watch for conflicting applications.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules and fees change over time; seek specific advice before acting.