Hong Kong is a melting pot of cultures, and is a financial and business hub in Asia. Many businesses have to understand the country’s laws when they trademark a business. Knowing the basic facts about the intellectual property rights will make it easier to start a company and avoid penalties.

1. Intellectual Property
Facts in Hong Kong
HALDANES
Address: 7th Floor, Ruttonjee House, 11 Duddell Street, Central, Hong Kong
Contact Number: (852) 2868 1234
E-mail: enquiries@haldanes.com

2. Hong Kong is a melting pot of cultures, and is a financial and business hub in
Asia. Many businesses have to understand the country’s laws when they
trademark a business. Knowing the basic facts about the intellectual
property rights will make it easier to start a company and avoid penalties.
Trademark Registration
Registering for a trademark
in Hong Kong requires filling
application forms, such as
Form T2. If a business plans
to provide their services
while based in the country,
they must file the application
along with their registration
for a trademark.
Classifying the goods and services sold is part of the registration and
application process. Under the Trade Marks Ordinance, services and goods
fall under certain classifications based on the Nice Classification. There are
45 different classes for services and goods included in this ordinance’s
current edition.
There are accompanying fees whenever a business owner decides to register
a trademark. Approval of an application for trademark can take as short as
six months if there are no oppositions or deficiencies in the application.
Color Marks
A color claim clarifies claiming rights
upon application of a trademark. The
registration of the trademark protects a
company against infringement by
similar or identical marks by other
companies. In specific situations, a color
claim helps businesses show that there
is an infringement.

3. Evidence of Uniqueness
A trademark that fails registration approval can still register, as long as a
company provides proof that before the application date, it is distinctive
resulting from the use made of it. As evidence of distinctiveness, companies
must explain the following:
1. What the mark is
2. Its use
3. That a company uses it, or by
licensed individuals from said
company
4. Length of use and under what
circumstances
5. How customers recognize and
associate that trademark as a
company’s goods or services
Software Piracy Policies
Piracy is against the law all over the world. It comes in various forms in
Hong Kong, namely:
1. Software rental
2. Counterfeiting
3. Hard disk loading
4. Softlifting, unapproved copying
of software within organizations or
swapping among colleagues
outside work
5. Downloading and distribution of
copyrighted software
Businesses are advised to consult with a lawyer to understand the ins-and-
outs of intellectual property law in Hong Kong.

4. Sources:
http://www.haldanes.com
http://www.ipd.gov.hk/eng/faq/trademarks/tm_cap559.htm
http://www.ipd.gov.hk/eng/intellectual_property/study_aids/software_piracy
_fact/software_piracy_fact_c.htm