Shortly after receiving the application, the Designs Registry will send a notice to the applicant giving the filing date of the application.

The filing date is the date that the Designs Registry receives the following:

• a request for registration of the design (Form D1),
• a representation of the design suitable for reproduction,
• applicant’s name and address, and
• the fees payable.

The filing date will be the date used for determining the novelty of the design (unless priority is claimed).

After informing the applicant of the filing date, the Designs Registry will examine the formalities of the application. The formalities mainly include the information required in the application form. The Designs Registry generally does not conduct substantive examination on the application, which means that the Designs Registry does not assess the registrability of the design, that is, whether the design is new and the appearance of the article appeals to and can be judged by the eye.

This notwithstanding, if the Registrar of Designs determines that, on the face of the application, the design is not new or is not registrable for any other reason, he may refuse the application. For example, designs applied to the following articles are not registrable:-

1. works of sculpture,
2. wall plaques, medals and medallions, and
3. printed matter primarily of a literary or artistic character (including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles).

Furthermore, designs that are contrary to public order or morality, or designs that consist of or contain the national flag or national emblem, are also not registrable. For more examples of non-registrable designs, please refer to What designs can be registered?.

If the application is not in order, the Designs Registry will give notice to the applicant to correct the deficiencies within three months. Failure to correct deficiencies may result in the application being deemed withdrawn.

If there is no deficiency in your application and all requirements for registration are met, the application will be accepted for registration.

If an application is in order, the Designs Registry will register the design, publish the registration in the Hong Kong Intellectual Property Journal and issue a certificate of registration. The period of registration will begin on the filing date of the application, for an initial period of five years.

A certificate of registration can usually be issued within three months after an application is filed. A registered design owner can bring civil proceedings for infringements committed after the certificate of registration is issued.