Hong Kong trade mark classes and how to search the register

Hong Kong Trade Mark Classes and How to Search the Register

A Hong Kong trade mark protects the distinctive sign identifying your goods or services. The Intellectual Property Department (IPD) administers registration using the Nice Classification, an international system dividing products and services into 45 numbered classes. Before filing, conduct a Hong Kong trade mark classes search on the IPD register to check if an identical or similar mark is already registered for the same or related goods or services.

Hong Kong Trade Mark Class List

Hong Kong adopts the Nice Classification locally. The IPD publishes the full list on its website, organising it into 34 classes for goods (classes 1 to 34) and 11 for services (classes 35 to 45). Each class has a heading describing its general category, followed by an alphabetical list of specific goods or services. Class 25 covers clothing and headgear. Class 42 covers scientific services, design, and computer programming.

When you apply, select the class or classes corresponding to your goods or services. Your specification, the written list of items you claim, must be precise. An examiner will reject a vague or overbroad specification. Even if accepted, it invites opposition from third parties who can argue your mark is not distinctive for the claimed items.

Nice Classification Hong Kong

Hong Kong’s Nice Classification is identical to the international version maintained by the World Intellectual Property Organization (WIPO). Hong Kong has used the 11th edition since 1 January 2017. The IPD updates the classification when WIPO publishes a new edition. The system groups goods and services by function or industry, not by your business activity. A restaurant applies in class 43 for providing food and drink, not class 35 for advertising or retail, even though it markets itself.

The Nice Classification is not a legal definition of what a mark covers. Your specification, not the class number, determines the scope of protection. Two marks in the same class can coexist if their specifications are distinct enough to avoid confusion.

Hong Kong Trade Mark Search

Search the IPD register before you file. The IPD’s free online Trade Mark Search System lets you search by mark name, applicant name, registration number, class number, or a combination. The system returns registered marks, pending applications, and marks published for opposition.

Do not search by class number alone. A mark in class 9 might specify only “computer software for financial services”. If your product is computer software for medical records, the mark may still be available despite being in the same class. Always read the full specification of any conflicting mark.

The register shows each mark’s status: registered, pending, opposed, expired, or removed. A pending application not yet examined can still block your own if it proceeds to registration. Monitor the register for at least six months after your search.

Hong Kong Trade Mark Class 35

Class 35 covers advertising, business management, business administration, and office functions. It is one of the most frequently used classes because it includes retail and wholesale services. The heading states: “Advertising; business management; business administration; office functions.” The alphabetical list includes services like “retail services in relation to pharmaceutical, veterinary and sanitary preparations” and “wholesale services in relation to clothing”.

Class 35 is often misunderstood. It does not cover the goods themselves. If you sell shoes, you need class 25 for the shoes and class 35 for the retail service of selling them. Filing only in class 35 leaves your product unprotected against a competitor selling identical shoes under a similar mark. Filing only in class 25 does not protect your shop or online store’s name.

The IPD examines class 35 applications strictly. A specification that says “retail services” without specifying the goods will be rejected as too vague. You must list the particular goods or categories of goods to which the retail service relates.

Multiple Classes and the Application Process

An application may cover more than one class. The IPD charges a fee for each class beyond the first. File in three classes, and you pay the base fee plus two additional class fees. The registry examines the application against each class separately. If an examiner objects in one class but not the others, you can amend that class’s specification or argue the objection while the other classes proceed.

After examination, the IPD publishes the application in the Hong Kong Intellectual Property Journal. Anyone may oppose the registration within three months of publication. If no opposition is filed, or it fails, the mark is registered and a certificate issued. Registration is by class. Rights are enforceable only in Hong Kong. A Hong Kong registration does not protect the mark in mainland China, a separate jurisdiction with its own register.

Practical Steps for Choosing the Right Class

1. Identify the goods or services you provide or intend to provide. Do not claim items you do not sell.
2. Consult the alphabetical list for each class. The class heading is a guide, not a complete list.
3. If your product falls into more than one class, file in all relevant classes. A single application can cover multiple classes.
4. Search the register for identical or similar marks in the same classes. If a conflicting mark exists, consider narrowing your specification or choosing a different mark.
5. Review the specification of any conflicting mark carefully. A similar mark may be registered for a narrow specification that does not overlap with yours.

The IPD publishes a guide on trade mark classification and a search manual on its website. Both are free. Read them before filing. If you are unsure about the correct class or the scope of your specification, consult a trade mark agent or solicitor who practises in Hong Kong.