2026 Hong Kong Trademark New System: Online Submission for Affidavits and Stricter Verification of Agents' Physical Addresses!
The Hong Kong Intellectual Property Department (IPD) has introduced a major administrative reform in 2026! This new policy centers on two core pillars: first, the full implementation of electronic filing (E-filing) for statutory declarations and affidavits to significantly boost processing efficiency; second, a strict requirement that trademark agents must possess a physical operational address in Hong Kong to crack down on offshore "ghost" agencies. Please ensure that your overseas trademark agent complies with these new regulations to avoid affecting your brand rights!
Change 1: Full Implementation of Electronic Filing (E-Filing) for Statutory Declarations and Affidavits
In the past, when handling trademark disputes in Hong Kong (such as trademark oppositions, objections to registration, revocation lawsuits, hearings, etc.), the most critical evidence files—Statutory Declarations and Affidavits—had to be submitted to the Intellectual Property Department as physical originals, regardless of their length.
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Scope of Acceptable Legal Documents for Upload
During contentious proceedings such as trademark oppositions, objections to registration, revocation actions, and hearings, the following key documents can now be submitted directly online:
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All statutory declarations, affidavits, and their accompanying exhibits.
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Case authorities, skeleton arguments, written submissions, and bundles required for hearings.
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Orders or certificates bearing the court's electronic seal.
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Signing and Retention Requirements
Although the registry allows the online upload of scanned copies, the regulations emphasize that the original documents must still be signed by hand by both the declarant and the commissioner for oaths.
Change 2: Mandatory Audit of "Hong Kong Physical Operational Addresses" to Eliminate Ghost Agencies
This is the most far-reaching measure of the new policy for foreign enterprises. In the past, many low-cost offshore intermediaries used Hong Kong "virtual offices" or "secretarial company addresses" to act as trademark agents. This frequently led to lost official correspondence, causing brand owners to miss defense deadlines and ultimately resulting in the revocation of their trademarks.
To thoroughly clean up the market, the Hong Kong Intellectual Property Department has officially overhauled all key trademark forms (such as Form T2, T8, T10, T11, etc.) and strictly enforces the following examination standards:
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Agents Must Provide a "Declaration of Local Physical Presence"
All Hong Kong agents submitting applications must mandatorily check a box on the forms to declare that they possess a primary residence or a physical place of business in Hong Kong.
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Introduction of Criminal False Statement Warnings
The new regulations stipulate that if an agent makes a false statement or incorrectly checks the box regarding their "local physical operational address," it will directly constitute a criminal offense upon verification, and the agent will face prosecution. This measure aims to eliminate illegal offshore ghost agencies from the market.
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Enhanced Background Due Diligence for IP Owners and Shareholders
The new forms also introduce mandatory background investigation fields for trademark "assignees" or "licensees." It is now compulsory to fill in the legal entity type (Type of Incorporation) and the place of incorporation, enabling the registry and the market to verify the legitimacy of intellectual property transactions.
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