Company’s Name Search

Make sure that the name you're checking out within the Hong Kong name search doesn't contain words of the other language or isn’t in simplified Chinese characters. this is able to end in an incorrect search outcome where you'd get the result as “no matching record found.” And this is able to eventually cause the disapproval of the corporate name when sent to the Company Registry.

The confirmed name for the registration of a corporation is confirmed only after the Company Registry has processed the documents within the application. The applicant also must look for trademarks at http://ipsearch.ipd.gov.hk/ which is the property Department’s Online Search System before selecting the name of the company to avoid the risks of trademark infringement.

Even though deciding a company’s name might sound sort of a small matter, it's actually crucial for each business. As mentioned above, you can't use the company name that's within the process of being registered or is already registered and this will be checked on the search field available within our website.

Here are a number of the most rules that require to be followed when choosing the business name in Hong Kong:

A company name can't be used if it's within the process of being registered or is already registered. Determine if the name is getting used by the Hong Kong name search on our website. It can't be almost like the other company’s name also.

A business name that will give the impression that it's linked to any government depart just like the Central People’s Government or the government of the Hong Kong Special Administrative Region or the other agency directly connected with the Hong Kong government is strictly prohibited.

The name would only be allowed if the company is genuinely connected with the government and therefore the verification has been finished. the utilization of words just like the “Authority”(委員會), “Council”(議會), “Federation”(聯邦), “Bureau”(局), “Commission”(公署), “Government”(政府), or “Department”(部門), would imply as a reference to the government and wouldn't be approved normally.

As mentioned above also, the corporate name has got to be either in Traditional Chinese or English, without combining the languages together.

The name has to end with a “Limited” or the Chinese equivalent, but the abbreviation of “Ltd” isn't allowed for the official business name in Hong Kong.

As per the Hong Kong Registrar, if the name is offensive or its use constitutes a criminal offense or is contrary to the interests of the general public, it can't be used. Also, there are some specified words that aren't permitted when naming a corporation in Hong Kong. The samples of many are shared within the following sections.

In case the name of the corporate remains an equivalent after the Registrar has put a direction for a reputation change, it might be disapproved. This is often a regulation as per the corporate Ordinances and therefore the Registrar, where you'd need to then start the method everywhere again.

The final approval is confirmed only the Hong Kong government has no objections to the name of the business. But before this, the Registrar’s approval is mandatory as mentioned above where the noted points need to be kept in mind also.

Avoid using the name for a corporation that's said to be “too alike” to a different company’s name. to elucidate this further – if a corporation name, as per the Registrar’s Index of Company Names, is claimed to be a bit like another name, or if the Registrar gets a writ for restricting a corporation from employing a name or a neighborhood of the name of the corporate , the Registrar would issue the change of name direction against the business.

If the company doesn't suit the direction, it may result in the prosecution of the business or/and the officers responsible. there's a maximum fine of $100,000 alongside a daily default fine of $2000 for continuing default.

There are situations where the Registrar also can change the name of the corporate with the corporate license number. Stricter regulations are put in situ for the business names in Hong Kong thanks to the past incorporated companies that have similar registered trademarks or well-known brand names.

These companies are referred to as the “Shadow Companies” that wrongfully pose themselves as delegates of the owners of logos or brand names. then that this problem is satisfactorily addressed, the Registrar has been and would happily continue the subsequent actions for an equivalent cases:

• Distributing a direction to vary the name that comes under the sections section 108(2), 108(1)(a) and (b).
• When a corporation doesn't suit the directions to vary the name, the Registrar would: – take action against the officers responsible and/or the corporation.
  – alter the name of the corporate also because of the license number under the section of 110(2).
  – put the company’s name on the default published List of Companies on the web site of the Companies Registry to alert the members of the identities of the companies that are in default.
  – remove the name from the Companies Register agreeable to Division 1 of Part 15 of the businesses Ordinance. this is often as long as there's a good cause to think about that the business in question isn't carrying on business or operating.

Furthermore, it must even be noted that if the name that's adopted violates the property rights of any third party, there could also be an action that's by that third party. Violation of the rights on the property of others can easily lure civil or criminal sanctions in any part of the planet and not only in Hong Kong .

Additionally, the Company Registry doesn't confer any property rights and trademark rights for the registration of a business name in Hong Kong . So, to remain on the safe side, the person must check to not name their company thereto to an identical company. We can assist you with this if you would like this as a service.

Example For Restrictions On The Registration Of Company Names

There are many name restrictions in Hong Kong that are required to be followed strictly. Most of the penalties are shared above and therefore the rules for the sort of names that might not be accepted. Here you'd find the samples of any unacceptable names for the Hong Kong business. the subsequent are some words or names that might get to prior approval of the businesses Registry:
Trust
Trustee
Kaifong
Chamber of Commerce
Levy
Tourism Board
Tourist Association
Savings
受託
信託
旅遊協會
旅遊發展局
商會
街坊
徵費
儲蓄

In contemplating if two company names are alike, the Registrar would absorb all the circumstances and parts that suggest the similarity, due to which the confusion can occur. The factors would be the evidence of uncertainty, the notice of the names concerned for the general public , the character of the companies involved, etc.

As per the Registrar, the names of a corporation are often too alike if:

• The names are phonetically and / or visually identical or similar.
• There is little disparity within the spelling of the names, and therefore the variation doesn’t make much of a difference. as an example, the grammatical variations like trading or trade, adding “s” or “es” at the top of the word, etc.
• The name features a word that's a characteristic element unless it's in such a way that it minimizes the danger of confusion. To define the word characteristic or also called distinctive words, it's the words like “non-dictionary English words,” “unusual combinations of two or more letters as a key part” or maybe the “English made-up words.”

The names of places or any everyday use word wouldn't be categorized under this. The similar business descriptive elements, for instance, the utilization of 1 name of only a “weak” or general qualification like services, group, holding, international, etc. or maybe the words like staff agency or employment agency, press or printing, etc., wouldn't be considered sufficient distinction.