[AIPHK] HK Trademark Opposition

HK Trademark Opposition

Hong Kong Trademark Opposition

Q: Who may file an Opposition to a trademark application?

Section 44 of the Trade Marks Ordinance (Cap. 559) provides that “any” person may give notice to the Registrar of opposition to the registration of a trade mark as an Opponent. The only qualification to this broad statement is that the notice must be given in writing within the prescribed period, in the prescribed manner, and shall contain a statement of the grounds of opposition.

Q: Is it compulsory to defend my application when being opposed by others?

As a trademark Applicant, it is compulsory to defend your application by filing a counter-statement to avoid abandonment. You can also provide evidence in the form of a statutory declaration or affidavit to support your argument. NOTE: The foregoing estimates are approximate only. For
opposition cases, settlement of the matter can occur relatively early in the proceedings or at any point thereafter (in case both parties reach a deal).

Q: How long is the process time and What is the procedure?

The main steps to be taken by Applicant and Opponent are set out below:-

HK Trademark Opposition Procedure Flow Chart

Quotation (HKD)

Filing a formal opposition as Opponent: $5,800

Filing a counterstatement as Applicant: $8,800

Filing evidence:
Basic fee: $8,800
Notarization: $1,500
Evidence review:
$80 per page

Filing extension of
time (once): $500

Hearing
(non-mandatory):
$60,000 or more

ASEAN E-COMMERCE & TRADEMARK PROTECTION

Do You Need a Trademark to Start Selling?

You can start selling on platforms such as Shopee, Lazada, and TikTok Shop without a registered trademark.
However:
Once you build your own brand or scale your business, a trademark becomes essential in practice.

PLATFORM REALITY TODAY

Selling Generic Products
  • No trademark required
  • Low barrier to entry
  • Highly competitive, price-driven market
Selling Branded Products
Must show:
  • Trademark ownership, or
  • Authorization from the brand owner
Without proof:
  • Listings may be removed
  • Accounts may face restrictions
PLATFORM REQUIREMENTS (OVERVIEW)
Platform Program Key Requirement
Shopee Shopee Mall Brand ownership / authorization
Lazada LazMall Trademark (strongly required in practice)
TikTok Shop Official Shop Trademark or authorization

WHY TRADEMARK REGISTRATION MATTERS

  • Protect Your Brand
    • Remove counterfeit and copycat listings
    • Enforce your rights directly on platforms
    • Prevent unauthorized sellers
  • Qualify for Official Store Status
    • Verified brand badge
    • Priority placement in search
    • Access to exclusive campaigns
  • Boost Visibility & Sales
    • Better exposure through platform algorithms
    • Participation in mega campaigns
    • Access to ads and marketing tools
  • Build Consumer Trust
    • “Official store” = authenticity assurance
    • Higher conversion rates
    • Stronger brand positioning
  • Control Your Distribution
    • Decide who can sell your products
    • Protect pricing and brand reputation
  • Enable Regional Expansion
    • Secure your brand across ASEAN markets
    • Support licensing and distribution deals
    • Build long-term brand value

RISKS OF NOT HAVING A TRADEMARK

Failure to secure trademark protection may result in: No Effective Enforcement
  • Difficulty removing infringing listings
  • Platforms may reject complaints
Brand Hijacking
  • Third parties may register your brand first
  • You may lose rights or be forced to rebrand
Listing Takedowns Against You
  • Others can file complaints against your store
  • Your products may be removed
Limited Platform Access
  • No entry to Shopee Mall / LazMall / Official Shop
  • Reduced visibility and trust
Weak Business Value
  • No ownership of brand as an asset
  • Harder to expand, license, or attract investors

Note: This leaflet is for informational purposes only and does not constitute legal advice