Mainland China, Hong Kong SAR, Macao SAR and the Taiwan Region of China: Why Each Needs Its Own Trademark Filing

A trademark registered in mainland China cannot stop a seller in Hong Kong, Macao or the Taiwan region from using the same brand: it has no effect there. Many foreign companies assume that a trademark registered in mainland China also covers Hong Kong, Macao and the Taiwan region. It does not. Mainland China, Hong Kong SAR, Macao SAR and the Taiwan region each run their own trademark system, with separate offices, laws, fees and terms, and none of the three can be reached through a Madrid designation of China. This guide sets out what that means in practice. It gives general rules; a specific case needs professional advice.

Four registers, four filings

A registration with CNIPA protects the mark on the Chinese mainland only. A Madrid international registration designating China gives the same mainland-only protection. If Hong Kong, Macao or the Taiwan region matter to the business, each needs its own application, filed directly with the local office.

The same goes the other way round: a Hong Kong registration does nothing on the mainland. Squatters know this and sometimes file a foreign brand in the one market the owner forgot.

Hong Kong SAR

Applications go to the Intellectual Property Department under the Trade Marks Ordinance (Cap. 559). Madrid does not yet apply to Hong Kong SAR; the 2020 amendment that would introduce it still awaits commencement. You need an address for service in Hong Kong, and post office boxes or virtual offices are not accepted.

Multi-class applications are allowed: HKD 2,000 for the first class and HKD 1,000 for each further class. Traditional and simplified forms of the same Chinese characters can be filed together as a series of up to four marks. Publication is followed by a three-month opposition period, and registration lasts ten years from the filing date. See our Hong Kong SAR trademark guide.

Macao SAR

Applications go to the Economic and Technological Development Bureau (DSEDT). The Madrid System does not apply. Each application covers one class only, at MOP 1,000 per application, so a mark in three classes means three applications. Applicants based outside Macao must appoint a local representative.

The opposition period is two months after publication, and a registration lasts seven years, not ten, so renewal dates come round sooner than owners expect. See our Macao SAR trademark guide.

The Taiwan region

Applications go to the Taiwan region's "Intellectual Property Office" and must be filed through a qualified local agent if you have no domicile or business there. The Taiwan region is not part of the Madrid System. The official filing fee is TWD 3,000 per class, less TWD 300 per application filed online, plus a registration fee of TWD 2,500 per class after approval.

The applicant's name is needed in English and Traditional Chinese. Opposition comes after registration: anyone may oppose within three months of publication of the registration. Priority from a first application filed within the previous six months can be claimed, including one filed on the Chinese mainland, under the 2010 Cross-Strait Agreement on Intellectual Property Protection. See our Taiwan region trademark guide.

Getting the Chinese name right in each market

Hong Kong, Macao and the Taiwan region use traditional characters, the mainland uses simplified ones, and the spoken forms differ. A Chinese brand name chosen for the mainland may read or sound different elsewhere. Decide the Chinese name for each market before filing, search it in each register, and file the form that customers there will actually see. Our eight things foreign applicants should know about China covers Chinese names on the mainland.

Planning the filings

Start with the market where you sell or manufacture first, and file the others within six months if you want to claim priority. Budget for Macao's one-class-per-application rule and its shorter term. Keep one calendar for all four registers: opposition windows, renewal dates and use requirements differ, and a three-year non-use rule applies in each of them.

Frequently asked questions

Does a Madrid designation of China cover Hong Kong or Macao? No. It covers the mainland only.

Can we file one application for all four? No. There is no joint filing route; each office receives its own application.

Can a mainland China agent handle all four? A mainland agency can coordinate the work, but Hong Kong needs a local address for service, Macao a local representative and the Taiwan region a local agent, so local counsel files there.

J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We file trademarks on the Chinese mainland and coordinate filings in Hong Kong SAR, Macao SAR and the Taiwan region for foreign brands; see our trademark registration service.