Hong Kong Trademark Opposition Procedures

How a HK trademark opposition is commenced

Oppositions should be filed within 3 months beginning from the date of publication of the trade mark application in the Hong Kong Trademark Official Journal (if an application is published on 1 March, the deadline to oppose will fall on 31 May). The deadline is extendable once only for a period of 2 months subject to the discretion of the authority

A Notice of Opposition with the Opposition Grounds of opposition must be filed within three months of the publication

After the opposition is admitted, the Applicant will file CounterStatement within 3 months after receipt of the Notice of Opposition with the Opposition Grounds. Otherwise, the application is deemed to be abandoned by the Applicant.

If the Applicant has filed Counter-Statement, the Opponent will file Declaration for Evidence within 6 months from receipt of the Counter-Statement from the Applicant

If the Opponent has filed Declaration for Evidence, the Applicant will file Declaration for Evidence in reply within 6 months from receipt of the Declaration for Evidence from the Opponent.

If the Applicant has filed Declaration for Evidence in reply, the Opponent may file further Declaration for Evidence in reply within 6 months from receipt of the Declaration for Evidence in reply from the Applicant

After the evidence session is completed, the Opposition proceedings will be set down for a formal hearing. A hearing date will be fixed according to the Trade Marks Registry’s schedule

The following is a brief diagram illustrating the typical steps in HK trademark opposition for further reference.