What is a trade mark?

A trade mark is a sign that distinguishes the goods and services of one trader from those of others. Typically a trade mark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically in order for it to be registered as a trade mark.

Why register a trade mark?

Registering your trade mark means that you have the exclusive right to use the trade mark in relation to the goods and services for which the mark is registered. If other traders use it in the Hong Kong Special Administrative Region (the Hong Kong SAR) in relation to the same or similar goods or services without your consent, they may be liable for infringement of your trade mark and you may take legal action. If you do not register your trade mark, you may still use it but it is harder to prove that you are the "owner" of the mark and as such your protection is limited.

Trade Marks Ordinance (Cap. 559) and Trade Marks Rules (Cap. 559A)

Registration of trade mark in the Hong Kong SAR is governed by the Trade Marks Ordinance (Cap. 559) and Trade Marks Rules (Cap. 559A).