Overview of Hong Kong Trademark

Registering your trademark means that you have the exclusive right to use the trademark in relation to the goods and services for which the mark is registered. If other people use it in the course of trade or business in Hong Kong in relation to the same or similar goods or services without your consent, they may be liable for infringement of your mark and you may take legal action against them. Unregistered trademarks may be protected by the common law action of passing off. You must prove reputation in the unregistered mark and must prove that the other person's use of the mark will cause you damage. Passing off is usually a more difficult action to bring than an action for infringement of a registered trademark.