[As a startup] Hong Kong Trademark Application Guide 1.2: Trademark Search Section

I. Trademark Search as a Pre-Application Risk Management Tool

For startups, a trademark is not merely a brand identifier—it is a strategic business asset. Once a trademark is launched into the market, failure to conduct proper clearance and legal review may expose the business to significant risks, including third-party opposition, infringement litigation, and even forced rebranding.

Accordingly, conducting a prior mark search before filing a trademark application in Hong Kong is a critical step that every entrepreneur should approach with due diligence and awareness.

III. Overview of the Hong Kong Intellectual Property Department (HKIPD) Trademark Search System

🔗 Official Website: https://esearch.ipd.gov.hk/nis-pos-view/

This system is provided by the Government of the Hong Kong Special Administrative Region and offers the following features:

• Publicly accessible and free of charge;

• Interface available in Traditional Chinese, English, and Simplified Chinese;

• Supports both “Quick Search” and “Advanced Search” modes for different levels of user needs.

IV. Trademark Search Flowchart

[Start] → [Access HKIPD Website] → [Select Search Method] → [Enter Trademark Name] → [Set Classification Criteria] → [Review Results] → [Conduct Analysis] → [Decide Whether to File Application]

V. Comparison of Search Methods

Search Method	Target Users	Key Features
Quick Search	General Users	Allows basic search by entering trademark text
Advanced Search	Professionals	Enables filtering by class, applicant, status, etc.

✅ Practical Tip: Use wildcard symbols such as “” to broaden your search. For example, “NIKE” may include “NIKE AIR,” “NIKE PRO,” and similar variations.

VI. Frequently Asked Questions (FAQ)

❓ Q1: Is entering the trademark name alone sufficient?

A: No. You must also consider visual design, phonetics, translations, conceptual meaning, and the relevant goods/services classification.

❓ Q2: I’m unfamiliar with the Nice Classification. Can I skip it?

A: Not recommended. The Nice Classification is an international standard. Incorrect selection may result in an invalid application or insufficient protection scope.

❓ Q3: There are too many search results. How do I identify legal risks?

A: This requires professional analysis, including comparison of visual, phonetic, and conceptual similarities, as well as overlap in goods/services.

❓ Q4: If a similar trademark has been withdrawn, can I safely apply?

A: Not necessarily. Even withdrawn trademarks may pose residual risks, such as ongoing market use or potential opposition.

VII. Common Challenges for Startups: When Should You Seek Professional Support?

Startups often opt to file trademark applications independently to reduce costs. However, certain steps require legal expertise to avoid costly mistakes.

⚠️ Incorrect Classification

The Nice Classification includes 45 classes. Misclassification may result in rejection or inadequate protection.

⚠️ Inadequate Similarity Analysis

The HKIPD system does not automatically flag legal risks. Manual analysis is required across:

• Visual similarity (e.g., logo, font)

• Phonetic similarity (e.g., pronunciation, transliteration)

• Conceptual similarity (e.g., meaning, context)

⚠️ Overwhelming Search Results

Advanced searches may yield hundreds of entries. Professionals use filtering strategies and analytical tools to identify high-risk trademarks efficiently.

⚠️ Risk Assessment and Strategic Response

Even if initial search results appear clear, applications may still face third-party challenges. Legal experts can proactively develop response strategies, including:

• Modifying the trademark design

• Submitting evidence of use

• Exploring alternative protection (e.g., design registration)

  

  
  

  VIII. Strategic Recommendations: Enhancing Your Trademark Application Success

  • ✅ Conduct a comprehensive trademark search, covering word marks, device marks, phonetic equivalents, and translations.

  • ✅ Ensure accurate classification under the Nice system, and consider multi-class protection where applicable.

  • ✅ Assess legal risks associated with similar trademarks, factoring in market positioning and consumer perception.

  • ✅ Modify the trademark design if necessary to avoid potential opposition.

  • ✅ Prepare a robust opposition response strategy, including legal arguments and supporting evidence.

  IX. Conclusion: Public Access ≠ Procedural Simplicity

  Although the Hong Kong Intellectual Property Department provides a publicly accessible trademark search system, the legal, technical, and strategic dimensions of trademark applications far exceed the grasp of the average user. From search and analysis to filing and enforcement, each step demands precise judgment and professional expertise.

  ✅ Recommendation: As a startup, you should treat your trademark as a long-term business asset. Prior to filing, consult with qualified professionals to conduct a thorough risk assessment and develop a strategic filing plan. This ensures your application is legally sound and commercially viable.