How to apply for trademark renewal in Hong Kong?

According to the Hong Kong Trademark Ordinance, trademark rights are valid for 10 years from the date of registration. Registered trademarks can be renewed in accordance with Section 50 of the Trademark Ordinance for a period of 10 years and can be renewed indefinitely.

• Documents required for renewal procedures:

  • Renewal request.
  • Pay the renewal fee. The official fee for the first category of trademark registration renewal is HK$2,670. If the registered trademark contains multiple categories, an additional HK$1,340 must be paid for each additional category.

  • The renewal request and renewal fee must be completed within 6 months before the expiration date of the registration period. If the request is made in advance, the Hong Kong Intellectual Property Department will not initiate the renewal examination after accepting the renewal request, and will only start the examination within 6 months before the expiration date of the trademark registration.

  Once the renewal of a registered trademark is completed, the Hong Kong Intellectual Property Department will publish the renewal and its renewal date in the Official Gazette. The renewal of the registration will take effect from the date on which the previous registration period expires.

  If the owner of a registered trademark fails to submit a renewal request as required before the expiration of the registration period, or fails to pay the renewal fee within the deadline, the Hong Kong Intellectual Property Department will publish it in the Official Gazette and update the trademark status in the record book to "Registration Expired".

• Renewal Notice:
  • The Hong Kong Intellectual Property Department sends a renewal notice to the trademark owner through the electronic application system on the day 6 months before the expiration of the trademark registration. If the trademark owner submits a renewal request and pays the renewal fee electronically, it can be approved immediately.

• Late renewal

If the trademark owner fails to file a renewal request before the expiration of the registration period as required, or fails to pay or fully pay the renewal fee within the deadline, he or she may file a renewal request within a later period of not less than 6 months, but must pay a late payment fee of HK$500.

If the trademark renewal is approved within the prescribed overdue period, the Hong Kong Intellectual Property Department will publish the renewal and renewal date in the Official Gazette. The renewal of the registration will take effect from the date of expiration of the previous registration period.

If the trademark holder fails to submit a renewal request within 6 months after the expiration of the registration period as required, or fails to pay or fully pay the renewal fee and late payment fee within the deadline, the Hong Kong Intellectual Property Department will publish it in the Official Gazette and update the trademark status in the record book to "Registration Deleted".

• Restoration of rights

If the trademark owner misses the overdue payment period and is deleted from the record by the Hong Kong Intellectual Property Department, the trademark owner may file a request for restoration of rights and must file a request for restoration of registration and renewal within 6 months after the deletion date and pay the restoration fee and renewal fee. This period cannot be extended. The trademark owner must immediately request restoration and state the reason for non-renewal after realizing that the registered trademark has not been renewed, give sufficient reasons for requesting restoration, and the positive measures taken immediately after discovering that the renewal deadline has been missed.

The first-category official fee has been restored to HK$4,000, including HK$1,340 for each additional category for multiple categories.

The trademark rights that have been restored will be announced in the Hong Kong Intellectual Property Gazette. The renewal will take effect from the date of expiration of the previous registration period.

For trademarks that have been deleted after being published in the Hong Kong Intellectual Property Gazette, they can still be cited to oppose subsequent trademark applications within one year after the expiration of their registration period.

In the above circumstances, if the owner of registered trademark F renews and is approved within the prescribed renewal period, the Hong Kong Intellectual Property Department shall publish the renewal and renewal date in the official gazette; if the owner of registered trademark F does not submit a renewal request and pay the renewal fee before November 5, 2024, the trademark F will be deleted from the register. The Hong Kong Intellectual Property Department shall publish the deletion and deletion date in the Hong Kong Intellectual Property Gazette.