How to trade mark a name in Hong Kong
Learn how to register a trade mark in Hong Kong and protect your brand from competitors.
Written by Jotika Teli—Certified Public Accountant with 24 years of experience. Read Jotika's full bio
Published Monday 8 June 2026
Table of contents
Key takeaways
- A trade mark protects your brand name, logo, or slogan from being used by others in Hong Kong, giving you exclusive legal rights over how your business is recognised.
- Registering a trade mark through the Hong Kong Intellectual Property Department (IPD) costs HKD 2,000 for the first class of goods or services, with HKD 1,000 for each additional class, and takes at least six months to process.
- Before you apply, search the Trade Marks Register to confirm your chosen name is available and doesn't conflict with an existing registration.
- Once registered, your trade mark lasts for 10 years and can be renewed indefinitely, but you need to actively monitor and enforce it to keep your protection valid.
What is a trade mark?
A trade mark is a sign that distinguishes your goods or services from those of other businesses. It can be a word, phrase, logo, shape, colour, sound, or a combination of these elements. In Hong Kong, trade marks are governed by the Trade Marks Ordinance (Cap. 559) and registered through the Intellectual Property Department (IPD).
When you register a trade mark, you gain the exclusive legal right to use that mark in connection with the goods or services it covers. This means other businesses in Hong Kong can't use an identical or confusingly similar mark without your permission.
Trade mark vs business name
Registering a business name with the Companies Registry doesn't give you trade mark protection. A business name registration simply allows you to operate under that name. It doesn't stop another business from using a similar name for their own products or services.
A trade mark gives you exclusive rights to use a specific sign in relation to particular goods or services, which a business name registration doesn't provide. If you're still deciding on a name, it's worth exploring how to come up with a business name that's both memorable and available for trade mark registration. For a visual overview of the key steps involved in launching a business, see this starting a business infographic.
Trade mark vs copyright and patents
Trade marks, copyright, and patents all protect different types of intellectual property. Copyright protects original creative works like writing, music, and artwork automatically, without registration. Patents protect new inventions and how they work.
Trade marks specifically protect the signs you use to identify your business in the marketplace. Unlike copyright, a trade mark must be registered to receive full legal protection in Hong Kong. Each type of protection serves a different purpose, so you may need more than one depending on your business.
Why register a trade mark?
Registering a trade mark gives your brand legal protection that goes beyond what a simple business name registration provides, including exclusive use rights and the ability to licence or sell your mark.
A registered trade mark gives you the exclusive right to use your mark across Hong Kong for the goods or services you've registered it under. If someone copies or imitates your mark, you can take legal action to stop them. The HK Customs and Excise Department can also seize counterfeit goods bearing your trade mark at the border.
Registration also adds value to your business. A trade mark is an asset you can licence, franchise, or sell. It signals credibility to customers and partners, showing that you've invested in protecting your brand. As you grow your business, a registered trade mark makes it easier to establish your brand identity in new markets.
Without registration, you have limited legal options if someone else starts using a similar name. Proving your rights through common law can be expensive, time-consuming, and uncertain. Registration removes that ambiguity by giving you a clear, documented right from the date of your application.
How much does it cost to register a trade mark in Hong Kong?
Understanding the fees involved helps you budget for trade mark registration as part of your business setup costs.
The filing fee for a trade mark application in Hong Kong is HKD 2,000 for one class of goods or services. If your mark covers more than one class, each additional class costs HKD 1,000. These fees are payable to the Trade Marks Registry when you submit your application.
You can check the full schedule of fees on the IPD forms and fees page. If you choose to hire a trade mark agent or solicitor to handle the application on your behalf, their professional fees will be on top of the government filing costs. While using an agent isn't compulsory, it can be helpful if your application is complex or if you're unfamiliar with the process.
Fees are non-refundable if your application is refused, so do a thorough search before you apply.
What can and can't be trade marked?
Not every name, word, or symbol can be registered as a trade mark. Understanding what qualifies helps you avoid wasted time and fees.
You can trade mark names, logos, slogans, shapes, colours, and sounds, provided they're distinctive enough to set your goods or services apart from others. The key test is whether your mark allows consumers to identify your business as the source of particular products or services.
Some things can't be trade marked. These include:
- Generic or descriptive words that simply describe the goods or services, for example, "Fresh Bread" for a bakery
- Marks that are deceptive or misleading about the nature, quality, or origin of your goods
- Marks identical or similar to an existing registered trade mark in the same or related class
- Marks that contain protected emblems, flags, or official symbols without authorisation
- Marks that are contrary to public order or morality
If your chosen name is too generic, consider adding a distinctive element such as a unique spelling, a logo, or a combination of words that creates a distinct impression.
How to check trade mark availability
Before you file an application, it's essential to search for existing trade marks that might conflict with yours. A thorough search saves you from paying non-refundable fees for an application that's likely to be refused.
Start by using the free online search tool provided by the Hong Kong Intellectual Property Department. The Trade Marks Register lets you search by keyword, mark holder, or registration number. Look for marks that are identical or phonetically and visually similar to yours in the same or related classes of goods or services.
When searching, use the Nice Classification system to identify which class your goods or services fall under. There are 45 classes in total: classes 1 to 34 cover goods, and classes 35 to 45 cover services. Your trade mark is only protected within the classes you register it under, so choose carefully.
If your search reveals a potentially conflicting mark, consider modifying your name or seeking professional advice before proceeding. A trade mark agent can conduct a more comprehensive search and advise on the likelihood of your application succeeding.
How to trade mark a name in Hong Kong
Once you've confirmed your chosen name is available, you can begin the registration process. Here are the steps to follow.
1. Identify your mark and classify your goods or services
Define exactly what you want to register, whether it's a word mark, a logo, or a combination. Then determine which class or classes under the Nice Classification system apply to your goods or services. Getting this right from the start avoids delays and additional costs later.
2. Prepare and file your application
Submit your application to the Trade Marks Registry using the official form (Form T2). You can file online through the IPD's e-filing system or submit a paper application. Include a clear representation of your mark, the list of goods or services covered, and the applicable fee of HKD 2,000 for the first class.
3. Wait for examination
The Trade Marks Registry will examine your application to check that it meets all legal requirements. This includes confirming that your mark is distinctive, not deceptive, and doesn't conflict with existing registrations. If there are any issues, the examiner will issue an objection and give you the opportunity to respond.
4. Publication and opposition period
If your application passes examination, it will be published in the Hong Kong Intellectual Property Journal. There's then a three-month period during which anyone can oppose your registration. If no opposition is filed, or if you successfully overcome any opposition, your application moves to the next stage.
5. Registration and certificate
Once the opposition period closes without challenge, the Trade Marks Registry will register your mark and issue a certificate of registration. The entire process takes at least six months from filing to registration. Your trade mark is then protected for 10 years from the filing date and can be renewed indefinitely.
Common trade mark mistakes to avoid
Many first-time applicants make avoidable errors that delay or derail their trade mark registration. Knowing what to watch out for helps you get it right the first time.
One common mistake is choosing a mark that's too descriptive or generic. If your trade mark simply describes what your product does, the Registry is likely to refuse it. Aim for something distinctive that sets your brand apart rather than explaining your offering.
Another frequent error is failing to search the register thoroughly before applying. A conflicting existing mark will result in a refusal, and your filing fee won't be refunded. Take the time to check all relevant classes, not just the most obvious one.
Some applicants register their mark in too narrow a class, leaving gaps in their protection. Think about where your business might expand in the near future, and consider covering those classes from the start. It's more cost-effective than filing a new application later.
Finally, don't assume that registering a company name or domain name gives you trade mark rights. These are separate processes with different legal effects. Only a registered trade mark gives you exclusive rights to use a sign in connection with specific goods or services in Hong Kong.
How to use and protect your trade mark
Getting your trade mark registered is only the beginning. You need to actively use and protect it to maintain your rights.
Use your trade mark consistently across all your business materials, including your website, packaging, invoices, and marketing. Using the registered trade mark symbol (®) next to your mark signals to others that it's protected. Consistent use also strengthens your position if you ever need to enforce your rights.
Monitor the market for potential infringement. Keep an eye on new business registrations, online marketplaces, and competitors to spot anyone using a mark that's confusingly similar to yours. If you find a potential infringement, act quickly. You can send a cease-and-desist letter or contact the HK Customs and Excise Department if counterfeit goods are involved.
Renew your trade mark before it expires. Your registration lasts for 10 years and can be renewed for additional 10-year periods. The Trade Marks Registry will send a reminder, but it's your responsibility to file on time. If you let it lapse, you'll lose your protection and someone else could register a similar mark.
Protect your brand and simplify your finances with Xero
Registering a trade mark is one of the smartest steps you can take to protect your business. With your brand secured, you can focus on what matters most: growing your business and staying on top of your finances.
Xero accounting software helps you manage invoicing, expenses, bank reconciliation, and financial reporting from one place. It gives you real-time visibility into your cash flow so you can make confident decisions as your business grows.
Whether you're just getting started or looking to streamline your operations, you can try it out and get one month free.
FAQs on trade mark registration
Here are some frequently asked questions about trade mark registration in Hong Kong.
How long does trade mark registration take in Hong Kong?
The process takes at least six months from filing to registration, assuming there are no objections or oppositions. If the examiner raises issues or a third party files an opposition, it can take considerably longer.
Can you trade mark a name that's already a registered company name?
Yes, company name registration and trade mark registration are separate processes. Having a registered company name doesn't prevent someone else from trade marking the same or a similar name, and vice versa. Always check the Trade Marks Register before assuming your company name is protected.
Do you need a lawyer to register a trade mark in Hong Kong?
No, you can file a trade mark application yourself through the IPD's online system. However, if your application is complex or you're unsure about classification, a trade mark agent or solicitor can help you avoid costly mistakes.
How long does a registered trade mark last?
A registered trade mark in Hong Kong is valid for 10 years from the date of filing. You can renew it for further 10-year periods indefinitely, as long as you pay the renewal fee before the registration expires.
Can you register a trade mark for use outside Hong Kong?
A Hong Kong trade mark only protects your mark within Hong Kong. If you want protection in other markets, you'll need to apply separately in each jurisdiction or use an international registration system such as the Madrid Protocol, which Hong Kong joined in 2024.
Start using Xero for free
Access Xero features for 30 days, then decide which plan best suits your business.