Understanding the Differences and What’s Involved Between Company Registration, Business Registration, and Trademark Registration in Hong Kong
Company Registration, Business Registration, and trademark registration in Hong Kong are three very different categories, each with their own role and purpose to play.
Each of the three registration types is regulated by a different set of laws. The registration of each category is also administered by different departments in the government.
What Are Company Registration, Business Registration, and Trademark Registration in Hong Kong?
Let’s take a look at the differences between the three types of registration in Hong Kong:
1. Company Registration
- This is administered by the Companies Registry in Hong Kong. It is enforced by the Companies Ordinance under Chapter 622, the Laws of Hong Kong.
- The Companies Registry provides Hong Kong incorporation services for limited companies.
- They also handle the Hong Kong company register of non-Hong Kong companies that are incorporated outside the country and those that have established a business in the Hong Kong Special Administrative Region (SAR).
- To start a Hong Kong company, the incorporation application fee is HK$1,720 (reduced to HK$1,545 for applications submitted electronically via the Companies e-Registry portal. Upon approval.
- The Certificate of Incorporation and Business Registration Certificate are typically issued within 1-3 working days for electronic applications. Hard-copy certificates are normally ready within 4 working days.
2. Business Registration
- This one is handled by Hong Kong’s Inland Revenue Department and administered by the Business Registration Ordinance under Chapter 310. The Business Registration Office will oversee the registration of businesses.
- The Business Registration Certificate (BRC) fee is HK$2,200 for a one-year certificate and HK$6,020 for a three-year certificate (for certificates commencing between 1 April 2025 and 31 March 2026, inclusive of the applicable levy).
- The HK$150 Protection of Wages on Insolvency Fund levy is waived for one-year certificates through 31 March 2026. The BRC must be displayed at the business premises at all times. Failure to comply carries a maximum fine of HK$5,000 and up to one year’s imprisonment under the Business Registration Ordinance.
- With effect from 27 December 2023, a company’s Business Registration Number (BRN) became its Unique Business Identifier (UBI) and also serves as its Tax Identification Number (TIN) for all Inland Revenue Department purposes.
- The BRN is an eight-digit number printed on the Business Registration Certificate and must be quoted in all government filings and communications.
3. Trademark Registration
- This falls under the Intellectual Property Department’s jurisdiction. They are responsible for issuing trademark registration services to the public.
- This falls under the Trade Marks Ordinance, Chapter 559 and the Trade Marks Rules, Chapter 559A.
- The Intellectual Property Department (IPD) charges HK$2,000 for an application covering one class of goods or services, and an additional HK$1,000 for each extra class. The application fee is non-refundable. Search and preliminary advice services (optional but recommended) cost HK$400 per class.
- Trademark registration is valid for 10 years from the filing date and is renewable indefinitely in further 10-year periods. A trademark application takes a minimum of six months from the filing date to registration.
- A trademark registered in Hong Kong provides legal protection within Hong Kong only. Businesses seeking brand protection across the border must file a separate application with China’s National Intellectual Property Administration (CNIPA).
What System Is Used for Registration in Hong Kong?
The registration process for company, business, and trademark filings in Hong Kong differs based on the type of registration:
1. To incorporate a local limited company in Hong Kong
- Propose a name for your business.
- Conduct a name search to determine if the proposed name is already in use. You can do this for free with the Hong Kong Company Registry’s Cyber Search Centre. Alternatively, you may also use the Company Search Mobile Service or Public Search Centre available at the Companies Registry.
- Ensure your application is compliant with all the requirements under the Companies Ordinance.
- Once approved, you will be issued a Certificate of Incorporation and a Business Registration Certificate. You will also need to appoint a Company Secretary in Hong Kong as part of your Hong Kong company incorporation obligations.
- Companies incorporated outside of the Hong Kong SAR region but have established a business in the country must submit their documents for registration within a month after the business has been established.
- For more information about the fees required, click here to access the Companies Registry’s website.
2. For business registration
- Register your Hong Kong business if you carry out the following activities:
- All forms of trade
- All forms of commerce
- Profession and activities carried out to gain
- Craftsmanship
- Clubs offering services and facilities to their members
- Apply for registration within a month after you have commenced business. This applies to all local companies and non-Hong Kong companies that have established a business in the Hong Kong SAR.
- Branch companies must also be registered with the Business Registration Office.
3. For trademark registration
- Search the current trademark records and database in Hong Kong to see if your trademark has already been registered by another business.
- File your application with the Trade Marks Registry to search for similar or identical trademarks.
- Apply for your trademark and wait for the 3-month opposition period to clear before being issued a certificate of registration.
- The trademark registration process may take as long as 6 months from the date of application to finalise.
Why Choose 3E Accounting
Navigating company registration, business registration, and trademark registration in Hong Kong requires precision. Each process carries distinct legal obligations that no business can afford to overlook. Missing any one of them can result in penalties, compliance gaps, or unprotected brand assets.
At 3E Accounting, we manage all three as a seamless, coordinated process so your business is protected, compliant, and ready to operate from day one.
