Trademark Opposition in Hong Kong

In Hong Kong, trademark oppositions must be filed within three months from the date the application is published in the Trademark Journal. The process is governed by strict timelines and procedural requirements overseen by the Trade Marks Registry.

Procedure for trademark opposition:

1. Notice of Opposition:
   • Any interested party may file a Notice of Opposition within 3 months of the application’s publication.
   • This deadline is extendable once by 2 months, subject to the Registry’s discretion.
2. Counterstatement by Applicant:
   • Upon admission of the opposition, the Applicant has 3 months from the date of receiving the notice to file a Counterstatement.
   • Failure to respond within this period results in the application being deemed abandoned.
   • This deadline is also extendable once by 2 months, at the Registry’s discretion.
3. Evidence Submission by Opponent:
   • The Opponent must submit a Declaration of Evidence within 6 months of receiving the Counterstatement.
   • The time frame to submit the response may be extended by 3 month periods at the discretion of the Trade Marks Registry.
   • Evidence must be factual and presented in a sworn declaration with exhibits. Legal arguments are not permitted in this stage.
4. Evidence Submission by Applicant:
   • If the Opponent submits evidence, the Applicant may file a Declaration of Evidence in Reply within 6 months of receiving it.
   • The time frame to submit the response may be extended by 3 month periods at the discretion of the Trade Marks Registry.
   • Evidence may include proof of honest concurrent use or prior use of the mark.
5. Evidence in Reply by Opponent:
   • The Opponent may respond to the Applicant’s evidence within 6 months of receiving it.
   • The time frame to submit the response may be extended by 3 month periods at the discretion of the Trade Marks Registry.
   • This reply must strictly address points raised in the Applicant’s evidence.
6. Additional Evidence and Hearing:
   • Further evidence may be submitted only with the Registrar’s permission, supported by a valid explanation for the delay.
   • Once the evidence phase concludes, the matter is scheduled for a formal hearing based on the Registry’s calendar.
7. Decision:
   • The Trade Marks Registry will issue a decision based on the submissions and evidence provided by both parties.
8. Appeal:
   • The decision may be appealed to the Court within 28 days from the date of issuance.