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.

The trade mark registration system of Hong Kong provides territorial protection. Hence, trade marks registered with the State Administration for Industry and Commerce of the People’s Republic of China or trade marks registries of other countries or regions do not automatically receive protection in Hong Kong.

A registered trade mark is valid for 10 years. It can be renewed indefinitely for successive periods of 10 years.

Trade marks can be either registered or unregistered.

Unregistered trade marks may be protected by the common law action of passing off. A trade mark owner bringing an action for passing off must prove reputation in the mark and must prove that the other person's use of the mark will cause him damage. Passing off is usually a more difficult action to bring than an action for infringement of a registered trade mark. Therefore, we strongly recommend traders to register their marks in the Hong Kong SAR.

The owner of a registered trade mark has an exclusive right to use the mark on his goods or the services for which the mark was registered. The owner can take legal action to prevent anyone from using his registered mark on the relevant goods or services without his consent.

Anyone fraudulently using a trade mark, including selling and importing goods bearing a forged trade mark, or possessing or using equipment for that purpose also commits a criminal offence under the Trade Descriptions Ordinance (Cap 362).

The Hong Kong Trade Marks Registry started operating in 1874, and is one of the world's oldest trade mark registries. Hong Kong has been registering marks for services as well as for goods since 1992.