Difference between Trademark Registration and Company Registration
Separate laws and systems regulate the registration of company names, business names and trademarks in Hong Kong. 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 business or company name registration is not an indication of trademark rights.
There have been recent reports of registered trademarks or well-known trademarks being registered without authorization as company names with the Companies Registry (often with a minor variation of the name). We understand that such company name registrations are then used outside Hong Kong (principally in the Mainland) as a cover for promoting or dealing in infringing trademark goods.
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 *. On-line and free of charge, you can check registered trademarks, owners and persons or companies licensed to use the trademarks in Hong Kong at : http://ipsearch.ipd.gov.hk
Furthermore, to address possible misunderstanding of the Hong Kong system in the Mainland, we have arranged a number of events to promote a better knowledge of our system among businessmen and at the local government level. We shall particularly stress that a company registration is not an indication of intellectual property rights.
You infringe a trademark if you use an identical mark or a confusingly similar mark for the same or similar goods or services in Hong Kong without permission.
If you use a well-known trademark, you may infringe the mark even if you use it for a different type of goods or services.
Businesses are advised to register their trademarks in the Mainland as well, so that they can take action under Mainland law against infringing activity occurring in the Mainland.