香港中環雪厰街二號聖佐治大廈五樓503室
+852 2868 0696
Hong Kong Trade Marks Updates 2026
The Trade Marks Registry has introduced a number of updates to its practices and procedures, reflecting developments under the latest edition of the Nice Classification as well as enhancements to filing and examination processes.
Update to search strategies under the 13th Edition of the Nice Classification
With the implementation of the 13th Edition of the Nice Classification, search strategies should be revisited to ensure comprehensive coverage of relevant goods and services. Practitioners are advised to review class headings, explanatory notes, and newly introduced terms, and to conduct broader and more targeted searches where necessary in order to mitigate the risk of citation or opposition based on similar marks in newly refined or reclassified categories.
The implementation of the 13th Edition may affect the class allocation of certain goods and services and, in practice, may require re‑classification for new applications or searches. However, existing registrations are generally not automatically reclassified; instead, the focus under the new edition is on ensuring that specifications and search stratere54gies properly reflect any changes in class allocation. Practitioners should review each specification item‑by‑item against the updated Nice Classification structure and, where appropriate, consider amending or narrowing descriptions to align with the revised class headings and notes.
Declaration of local physical presence by agents
Agents acting in trade mark matters are now required to declare that they maintain a local physical presence in Hong Kong. This requirement reinforces the Registry’s emphasis on ensuring accountability and effective communication within the jurisdiction.
New e‑filing capability for statutory declarations and affidavits
The Registry has expanded its e‑filing capabilities to include statutory declarations and affidavits. Notwithstanding electronic filing, parties are reminded that a copy of any statutory declaration or affidavit must still be served on the opposing party in paper form.
The Registry will also accept the e‑filing of authorities, skeleton arguments, or written submissions for which the parties wish to rely on at the hearing (referred to as “supporting materials”). The service of these supporting materials on the opposing party may be effected in paper form or, where mutually agreed between the parties, by way of electronic storage devices such as USB mass storage devices or portable hard disks with a USB interface.
Clarifications on absolute grounds of refusal under the Trade Marks Registry Work Manual
The updated Work Manual provides further guidance on examination practices in several key areas:
- Marks contrary to morality or public policy: Greater clarity is provided on the types of marks that may be refused on the basis of being offensive, scandalous, or otherwise inconsistent with accepted societal standards.
- Deceptive marks: The Registry has elaborated on the assessment of whether a mark has the capacity to mislead the public, particularly in relation to the nature, quality, or geographical origin of the goods or services.
- Prohibited emblems and Article 6ter signs: Additional guidance is given on the treatment of marks incorporating protected emblems, flags, and insignia, including those covered under Article 6ter of the Paris Convention.
- Descriptive and non‑distinctive marks: The Manual further clarifies the threshold for distinctiveness and the circumstances in which marks may be considered descriptive or lacking inherent distinctiveness, as well as the evidence required to establish acquired distinctiveness where applicable.
These updates underscore the importance of aligning filing and prosecution strategies with the latest Registry practices to ensure efficient processing and to reduce the risk of objections.
Resources: www.ipd.gov.hk (Trade Marks Registry Work Manual, Trade Marks Ordinance (Cap. 559), Nice Classification (13th Edition), User Guide
for E-Filing System, Terms of Use for Electronic Filing and Communication Services)
Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.
