Difference among Company registration, business registration and trademark registration
Updated: Dec 22, 2019
They Play Different Roles
Company registration, business registration and trademark registration in Hong Kong serve different purposes. They are regulated by different laws and registration systems administered by different government departments.
The Companies Registry administers and enforces the Companies Ordinance (Chapter 622, Laws of Hong Kong). The Companies Registry is responsible for providing services for the incorporation of local limited companies and the registration of non-Hong Kong companies which were incorporated outside Hong Kong and have established a place of business in Hong Kong.
Business Registration Office
The Business Registration Office under the Inland Revenue Department administers the Business Registration Ordinance (Chapter 310, Laws of Hong Kong). The Business Registration Office is responsible for registering businesses carried on by an individual, a partnership, a local limited company or a non-Hong Kong company.
Trade Marks Registry
The Trade Marks Registry under the Intellectual Property Department is responsible for providing trademark registration services to members of the public under the Trade Marks Ordinance (Chapter 559, Laws of Hong Kong) and the Trade Marks Rules (Chapter 559A, Laws of Hong Kong).
A company name registration at the Companies Registry or a business name registered with the Business Registration Office 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. Having registered a company name with the Companies Registry or a business name with the Business Registration Office, you are still required to apply for registration of your trademarks with the Trade Marks Registry. Only the registered trademark owner has an exclusive right to use the trademark in relation to the goods and services in Hong Kong for which the mark is registered.