The short answer
A Hong Kong trademark lasts 10 years and, unlike most countries, the term is counted from the filing date, because Hong Kong treats the filing date as the date of registration. Renew before expiry, or use the late-renewal period with an extra fee. Anyone can oppose within 3 months of publication, and a mark can be revoked if it is not genuinely used in Hong Kong for 3 years in a row. Hong Kong is a separate register: a mainland China registration does not cover it.
Trademark deadlines in Hong Kong at a glance
These periods come from the Trade Marks Ordinance (Cap. 559) and the Intellectual Property Department (IPD) trade mark FAQs. We re-check every deadline against the live law before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, then renewable for further periods of 10 years (section 49). |
| Which date does the term count from? | The filing date. A mark is registered as of the filing date of the application, and that date is deemed to be the date of registration (section 48). So a mark filed on 10 September 2003 and registered later still expires on 9 September 2013 (IPD example). |
| When can I renew? | Before the expiry date. The IPD says renewal is done in the 6 months ending on the expiry date. |
| Is there a grace period? | Yes. The Ordinance allows a further period of not less than 6 months after expiry, set by the Rules, but an additional fee must be paid (section 50(3)). |
| What if the mark is removed from the register? | The Registrar removes it (section 50(5)). A request to restore must be filed within 6 months after removal, and the IPD says this cannot be extended. |
| Opposition period | 3 months beginning on the publication date, using Form T6. The IPD describes a single extension of 2 months if it is requested within the first 3 months. |
| Priority claim | 6 months from the earlier application, claimed when you file. |
| Non-use revocation | At least 3 years of continuous non-use in Hong Kong, without valid reasons (section 52(2)(a)). |
| Assignment | Registering it is optional but strongly advised. File within 6 months of the transaction to keep the right to damages or an account of profits. |
| Change of address for service | Notify the Registry (Form T5 or in writing) so notices reach you. |
Who can register a trademark in Hong Kong
Individuals and companies from any country can apply. A Hong Kong registration protects Hong Kong only. It is separate from mainland China, Macao and every other country.
Address for service in Hong Kong. The IPD requires a valid residential or business address in Hong Kong, given with the application. It cannot be a P.O. Box, a virtual office, a care-of address or an email address. Foreign owners normally use their Hong Kong agent's address.
Trademark registration process in Hong Kong
Search the register
- Search the IPD Trade Mark Search System for identical or similar marks in your classes.
File the application
- Give the mark, the goods or services in classes, and an address for service in Hong Kong.
- Claim priority at filing if you filed abroad in the last 6 months.
Examination
- The Registry examines the mark. If it raises objections you reply within the time set in the notice.
Publication and opposition
- Accepted marks are published in the Hong Kong IP Journal.
- Anyone can oppose within 3 months by filing Form T6, and must send a copy to the applicant.
Registration
- If there is no opposition, or it fails, the mark is registered and the registration notice is published.
| Official fee (IPD FAQ) | Amount |
|---|---|
| Application, first class | HK$2,000 |
| Each additional class | HK$1,000 |
| Renewal, first class | HK$2,670 |
| Renewal, each additional class | HK$1,340 |
These amounts are from the IPD trade mark FAQ and can change. We confirm the current official fee before we quote you.
Hong Kong trademark validity and renewal
- Count the 10 years from the filing date, not from the date the certificate was issued.
- Renew before expiry. The IPD allows renewal in the 6 months before the expiry date.
- After expiry there is a further late period, not less than 6 months, with an additional fee (section 50(3)).
- If the mark is removed, ask for restoration within 6 months of removal. That period cannot be extended.
- Renewal keeps the same registration number.
Because the clock starts at filing, an owner who waits a year or more for registration has less than 10 years left on the certificate. Always diarise from the filing date.
Assignment, licence and changes to a Hong Kong trademark
Assignment
Transfer of the mark
Registration of an assignment is optional but strongly encouraged. If it is not registered, it may be ineffective against a later buyer who did not know of it.
Licence
Licensees
An unregistered licence may leave the licensee without some statutory protections, including rights to sue for infringement.
Timing
6 months
Apply as soon as practicable. Filing within 6 months of the transaction protects the right to damages or an account of profits.
Address
Address for service
Update Form T5 or write to the Registry. Without a valid address, documents may be lost and the file cannot move.
Revocation and non-use of a Hong Kong trademark
Anyone can apply to revoke a registration at the Registrar or the court. The main ground is that the mark was not genuinely used in Hong Kong, by the owner or with consent, for a continuous period of at least 3 years, with no valid reason (section 52(2)(a)). Other grounds include a mark that has become the common name of the goods or services, or a mark that now misleads the public.
Keep dated proof of use in Hong Kong: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Hong Kong
Use the free IPD Trade Mark Search System to check registered marks, owners, licensees and expiry dates. Publication dates are printed in the Hong Kong Intellectual Property Journal, and the opposition clock starts on that date.
Sources used
- Trade Marks Ordinance (Cap. 559), English text on WIPO Lex, verified copy last updated 10 December 2020: sections 44, 48, 49, 50, 52.
- Intellectual Property Department, Hong Kong: Trade Marks Ordinance FAQs (duration, renewal, opposition, priority, address for service, recordal, fees).
Hong Kong trademark FAQ
How long does a trademark last in Hong Kong, and from when?
10 years, counted from the filing date, because the filing date is treated as the date of registration (sections 48 and 49).
When do I renew a Hong Kong trademark?
Before expiry. The IPD allows renewal in the 6 months ending on the expiry date, and the Ordinance provides a late period of at least 6 months with an additional fee (section 50).
What is the opposition period in Hong Kong?
3 months from the publication date, by Form T6. The IPD describes one 2-month extension if requested within the first 3 months.
How much does it cost to register a trademark in Hong Kong?
The IPD FAQ lists HK$2,000 for the first class and HK$1,000 for each extra class at filing. Fees change, so we confirm the current amount before filing.
Can a foreign company register a trademark in Hong Kong?
Yes. It needs a valid address for service in Hong Kong, which a local agent can provide.
Does a China trademark cover Hong Kong?
No. Hong Kong has its own register, so you need a separate Hong Kong registration.
Can I assign a Hong Kong trademark?
Yes. Registering the assignment is optional but strongly advised, and doing it within 6 months protects your right to damages.
Can a Hong Kong trademark be revoked for non-use?
Yes, after at least 3 years of continuous non-use in Hong Kong without a valid reason (section 52(2)(a)).
How do I check a trademark in Hong Kong?
Use the IPD Trade Mark Search System. It shows owners, licensees and expiry dates.
Can I claim priority from another country?
Yes, within 6 months of the earlier application, and you must claim it when you file.
Protect your brand in Hong Kong
SUPREMEiP® files trademarks worldwide through its network and checks every Hong Kong deadline against the live law. Send us your mark and we will tell you the route, the deadlines and the cost.
