Differences Between Business Registration, Company Registration, And Trade Mark Registration

When starting up a business in Hong Kong, there are various registration processes that need to be followed. Regardless, whether you are setting up a new business or extending an existing one, it is essential to know the differences between business registration, company registration and trademark registration. All of them serve different purposes and are operated by various authorities. 

In this guide, we will try to explain everything that you want to know about these three types of registrations to help you go through the without challenges.  

A Brief Overview Of Business Registration, Company Registration, And Trade Mark Registration

  • Company Registration: Required for incorporation of a local or overseas  company with a business presence in Hong Kong. 
  • Business Registration: A mandatory requirement process for anyone who wants to engage in business activities  in Hong Kong.
  • Trademark Registration: Provides you exclusive rights to use your trademark to protect your brand. 

What Is Company Registration? 

Company registration involves either establishing a local limited company in Hong Kong or registering a company incorporated elsewhere that will operate in Hong Kong with the Companies Registry. This process is essential for businesses seeking legal recognition and legitimacy.

This can only be done through the companies registry under the Companies Ordinance in Hong Kong. This authority deals in incorporation of companies and registration of overseas companies with a local presence. 

Here are some key considerations that need to be followed:

  • Choosing a Company Name: Your chosen company name should be unique and should not be very similar to other existing company names. Do some more research in order to avoid any disputes. Check the company name here.
  • Compliance: Ensure that your company complies with all the requirements of the Companies Ordinance.
  • Timeline: It will take six working days to be issued with a Certificate of Incorporation and 16 working days for the Certificate of Registration to be issued. 

Read Company Incorporation In Hong Kong

What Is Business Registration?

Business registration is a legal requirement for anyone who wants to operate a business in Hong kong. This is a very important registration since it will help your business to be recognized by authorities and complies with other local regulations.

The procedure of registering a business is administered by the Business Registration Office under the Inland Revenue Department. This office is responsible for the registration of various businesses that are operated by partnerships, individuals, local and other non-local companies with a presence in Hong Kong. 

You need register if you are interested in: 

  • Commercial activities such as trading or craftsmanship. 
  • Managing a club  which offers services and facilities to its customers/ members. 
  • Operating a local or overseas company with an office in Hong Kong. 
  • Running a liaison office or representative office or leasing property within the city. 

Additionally, if you operate multiple business branches, every branch requires its own registration. 

Read A Complete Guide For Business Registration In Hong Kong.

What Is Trademark registration?

Trademark registration involves legally protecting your brand’s identity by registering a unique logo, name or symbol. This process provides you with registered rights to use the trademark together with legal enforcement against any other unauthorized use. 

The Trade Marks Registry which is part of the Intellectual Property Department oversees the trademark registration. 

Trademark Application Process is as follows:

  • Check Existing Trademarks: Before applying, search the Trade Marks Registry to verify the uniqueness of the trademark.
  • Filing the Application: Submit your application and make sure all the requirements have been met.
  • Approval Process: Once accepted, your trademark is published in the Hong Kong Intellectual Property Journal. Third parties have three months to oppose the registration.
  • Timeline: The process can take up to six months from the application to territorial protection in Hong Kong. However, additional registration is needed for the protection in Mainland China. 

Read Frequently Asked Questions About Local Limited Companies Incorporation 

Summary 

Understanding the differences between business registration, company registration and trademark registration is crucial for legal compliance and operational efficiency in Hong Kong. Each registration type serves a specific purpose and is managed by different authorities, making it essential to navigate these processes accurately.If you’re ready to start your business or need assistance with any registration process, our expert team from FastLane Group is ready to help. Explore our incorporation services or contact us for personalized advice today.