As an entrepreneur setting up a company and running a business In Hong Kong, what circumstances should you be considering a business registration, a company registration, or a trademark registration?
Can’t you simply go through and complete your company incorporation in Hong Kong? It’s not as simple as that. Let’s examine why.
About Business registration – The Business Registration Office
The Business Registration Office falls under the Inland Revenue Department, administers the
Business Registration Ordinance (of Hong Kong), and is responsible for registering businesses that would own by an individual (i.e. sole proprietorship), a partnership, a local limited company or a non-Hong Kong company.
“Business” is for any form of trade, commerce, profession, craftsmanship, etc that would result in a monetary profit.
“Business” can be any club that provides services, facilities, exclusive club memberships to their customers for social recreation.
For business registration, within one month from the data of commencement of your actual business, you must apply to register your business.
For a branch business that would represent your main overseas business but in HK, you should apply for a branch registration.
About Company Registration – Companies Registry
The Companies Registry administers and enforces the Companies Ordinance (of Hong Kong). It is responsible for providing services for the incorporation of local limited companies and the registration of companies incorporated outside of Hong Kong but have established a business location in Hong Kong.
About Trademark registration – Trade Marks Registry
The Trade Marks Registry falls under the Intellectual Property Department. It is responsible for providing trademark registration services to members of the public who fall under the Trade Marks Ordinance (of Hong Kong) and the Trade Marks Rules.
Trademark is different. You could have a company name registered at the Companies Registry. You could also have a business name registered. But a company name or business name registration isn’t the same as a trademark name registration, and you don’t get the trademark rights.This is why these 2 cases aren’t the same at all with the trademark industry.
You may be from a country/region that is outside of Hong Kong. No problem. After you have registered your local or overseas (offshore) limited company with the Companies Registry, you’re still required to apply to the Business Registration Office so that your business can be registered there, and the trademark can be registered.
Remember only the legitimate registered trademark owner has the unlimited exclusive right to make use of a trademark in any way whenever he/she wants.