Governed by the Trade Marks Ordinance (Cap. 559) and administered by the Intellectual
Property Department (IPD) of the Hong Kong SAR, China, Hong Kong establishes three
special trademark types apart from standard individual marks: joint trademarks, defensive
trademarks and series trademarks, together with flexible multi-class filing mechanisms
frequently chosen by global brands for regional layout. Many overseas applicants confuse
the applicable scenarios and filing requirements of these special marks, leading to
application rejection or unreasonable rights arrangement. This case interprets the filing
thresholds, protection scope and maintenance rules of special Hong Kong trademarks,
delivering targeted suggestions for international enterprises.
Two overseas sister companies jointly developed a home appliance brand and intended to
file a single Hong Kong trademark application together. Without understanding the
definition of joint trademarks, they separately submitted two independent applications
for identical marks, generating doubled official fees and repeated examination cycles. Later,
the group hoped to register the same logo on unrelated goods to block squatting, yet
mistakenly adopted ordinary multi-class filing instead of applying for a defensive
trademark. After three years, unused classes faced revocation risks, while a defensive mark
would not be subject to the 5-year genuine use requirement. Facing excessive costs and
hidden risks, the brand restructured its trademark portfolio under professional guidance.
1. Joint trademark co-ownership rules A joint trademark can be jointly owned by two or
more independent legal entities, allowing all co-owners to jointly exercise trademark rights
and initiate infringement enforcement together. Co-owners cannot transfer or license the
mark separately without unanimous written consent, which perfectly fits group enterprises,
joint ventures and cooperative brands. Ordinary separate filings cannot achieve joint
ownership effects.
2. Exclusive protection characteristics of defensive trademarks The core advantage of a
defensive trademark lies in exemption from the 5-year non-use revocation procedure. It is
designed for famous brands to register identical logos on non-core unrelated goods purely
for anti-squatting purposes. Defensive marks only block third-party registration and cannot
be licensed or independently used for commercial sales, differing completely from ordinary
registered trademarks.
3. Multi-class filing fee structure and division system Hong Kong IPD permits multiple Nice
classes within one application. The first class charges a base official fee, and each additional
class incurs extra charges. If partial goods encounter objections or rejections, applicants can
execute divisional applications to split approved classes out separately, avoiding the whole
application being rejected entirely.
4. No automatic cross-border protection linkage Hong Kong trademark rights operate
independently. Neither mainland China registered trademarks nor EU unitary trademarks can
extend protection to Hong Kong directly, requiring standalone filings with the Hong Kong IPD.
The diversified trademark types and flexible multi-class filing rules of Hong Kong SAR bring
abundant layout choices for overseas brands, yet special marks carry strict applicable limits.
Misuse of joint trademarks and defensive trademarks will cause redundant costs and hidden
IP risks. Global enterprises shall match trademark types with their long-term regional
operation strategies, standardize application documents in line with IPD specifications, and
build a stable, cost-controlled Hong Kong trademark protection system.
Hyperlink List：
● IPcrossark:
IPcrossark—Reliable IP Registration Platform | Trademark, Patent & Copyright Help
● Hong Kong IPD Official Trademark Application Guidelines:
https://www.ipd.gov.hk/en/trademarks/apply-for-trademark.html
● Hong Kong IPD Joint & Defensive Mark Explanation Page:
https://www.ipd.gov.hk/en/trademarks/types-of-trademarks.html
