Hong Kong is a member of WTO but not a member of Paris Convention. However, Paris convention came into force in Hong Kong on 1 July 1997, therefore, the six-month priority claim is available when filing an application for trademark registration in Hong Kong. First-use principle is followed.
The Hong Kong Intellectual Property Department (IPD) is the official organ to process the applications for trademark registration. IPD adapts to the Nice International Classification. Both good mark and service mark are acceptable. Multiple – classes application is allowed.
The trademark registration procedure covers 5 main steps – filing, formality examination, substantial examination, publication for opposition (3 months) and approval for registration. It takes approximately 6 to 8 months to complete the whole procedure. A registered trademark is valid for 10 years from the application date and it should be renewed every 10 years to maintain the exclusive right within 6 months before the expiry date.
A trademark can be assigned completely or for partial goods/services. It is necessary for the assignment to be applied to IPD for approval. Assignment Agreement from both parties are needed to proceed with a trademark assignment.
Any trademark that is not used for 3 consecutive years can be cancelled.