A trademark is a sign that distinguishes the goods and services of one trader from those of others. Typically a trademark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these. A sign must be capable of being represented graphically in order for it to be registered as a trademark.

A business or company name registration is not an indication of trademark rights.

A company name registration at the Companies Registry or a business name registration at the Business Registration Office (Inland Revenue Department) is not the same as a trademark registration at the Trade Marks Registry. 

A Hong Kong business registration certificate or a certificate of incorporation/registration does not by itself indicate that the business or company has rights to use its name or a trademark in promoting or dealing in goods and services.

A trademark registration is a guarantee of trademark rights registered in Hong Kong. 

Registering your trade mark means that you have the exclusive right to use the trade mark in relation to the goods and services for which the mark is registered. If other traders use it in Hong Kong, China 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. If you do not register your mark, it is harder to prove that you are the ‘owner’ of the mark and as such your protection is limited.