Company Name
| Q1. |
Am I free to choose any name I want for my company? |
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| Answer: | No. There are some restrictions on the registration of company names. Generally speaking, a company name will not be registered if: - | |
| a) | it is the same as a name appearing in the index of company names maintained by the Registrar of Companies; | |
| b) | it is the same as that of a body corporate incorporated or established under an Ordinance; | |
| c) | in the opinion of the Chief Executive, its use would constitute a criminal offence; or | |
| d) | in the opinion of the Chief Executive, it is offensive or otherwise contrary to the public interest. | |
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In addition, some names require the approval of
the Chief Executive before they can be registered. These include
names which contain any of the words or expressions specified in
the Companies (Specification of Names) Order and names which would
likely give the impression that the company is connected in any
way with the Central People's Government or the Government of the
Hong Kong Special Administrative Region or any department of either
government. |
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Please refer to the Company
Names Guidelines (pdf format) for details.
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| Q2. |
What does "the same as" mean? |
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| Answer: |
In determining whether a company name is "the same as"
another, certain words and their abbreviations, together with their
type and cases of letters, accents, spaces between letters, and
punctuation marks, will be disregarded. These words include the
definite article where it is the first word of a name and the words
"company", "and company", "company limited",
"and company limited", "limited", "unlimited",
"public limited company", the characters "公司",
"有限公司", "無限公司" and "公眾有限公司" where
they appear at the end of the name. Whereas "and" and
"&", "Hongkong", "Hong Kong",
and "HK", "Far East" and "FE" are
respectively to be taken as the same. |
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| Q3. |
How can I know whether the company name I intend to use (the intended company name) is the same as a name appearing in the index of company names maintained by the Registrar of Companies? |
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| Answer: |
You may conduct a free company name search at the Companies Registry's Cyber Search Centre on the internet or at the Public Search Centre on the 13th floor of the Queensway Government Offices, 66 Queensway, Hong Kong. Please use the search mode "Exact Name Search" and input the full and exact intended company name, including all spaces, punctuation marks, and ending terms like "Company", "Company Limited", "Limited", "有限公司", "公司" etc. |
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| Q4. |
How can I know whether my intended company name has once been used by other companies? |
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| Answer: |
You may conduct a free company name search at the Companies Registry's Cyber Search Centre on the internet or at the Public Search Centre on the 13th floor of the Queensway Government Offices, 66 Queensway, Hong Kong. Please use the search mode "Left Partial Search" and input any number of the initial alphabets or characters of your intended company name. It is not necessary to input the ending terms of the name like "Company", "Company Limited", "Limited", "有限公司", "公司" etc. The Left Partial Search result will show all the company names in the Registry's database which have the same initial alphabets or characters that you have entered. |
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| Q5. |
Can I use both English letters and Chinese characters in a company name? |
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| Answer: |
No. A company name with a combination of English words/letters and Chinese characters will NOT be registered. Please refer to Companies Registry External Circular No. 1 / 2002 (pdf format). |
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| Q6. |
Can I use simplified Chinese characters in the Chinese company name of a local limited company? |
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| Answer: |
No. The Chinese company name of a local limited company must be in traditional Chinese characters. |
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| Q7. |
Is it possible to register a company with a Chinese name only? |
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| Answer: |
Yes, a company may be registered with a Chinese name only. A company may also be registered with an English name only or both an English name and a Chinese name. |
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| Q8. |
Can an English company name end with the word "Ltd"? |
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| Answer: |
No. Although the word "Ltd" is considered to be the same as "Limited", section 5(1)(a) of the Companies Ordinance requires that the last word of an English company name must be "Limited" . |
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| Q9. | How can a company change its name after incorporation? | |
| Answer: | A company may pass a Special Resolution to change its
name after incorporation. A "Notification of Change of Company
Name" (Form NC2) should be filed with the Registrar of Companies within 15
days after the passing of the Special Resolution. The change of name
will be effective from the date on which the Certificate of Change
of Name is issued. Please note that the Special Resolution on change
of name is not required to be submitted to the Companies Registry
for filing. Please also refer to Incorporation
or Change of Name of a Local Limited Company - Points to Note
(pdf format) when preparing the Form NC2. |
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| Q10. | Can I raise objection to a registered company name? | |
| Answer: | Yes. If you consider that a company name registered
after the incorporation of your company is "too like" the
name of your company, you may raise objection with the Registrar of
Companies giving reasons in full and including any available evidence
of confusion which is claimed to have arisen. The Registrar of Companies
has the power under section 22(2) of the Companies Ordinance to direct
a company to change its name within 12 months from the date of its
registration ("the statutory period") if, in his opinion,
the name is "too like" a name previously registered. Hence,
in order to enable the Registrar of Companies to make enquiries and
serve notices that may be required before the expiry of the statutory
period, objection should be made to the Registrar of Companies in
good time, preferably not later than one month before the expiry of
the statutory period. |
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| Q11. | I have already registered the name of my limited company with the Companies Registry. Can I use the registered company name as a trademark? Will my company name be protected as a registered trademark automatically? |
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| Answer: | Company registration and trademark registration in Hong Kong serve different purposes. They are regulated by different laws and registration systems administered by different government departments. The Companies Registry is responsible for the registration of local limited companies and companies incorporated outside Hong Kong which have established a place of business in Hong Kong, while the Trade Marks Registry administered by the Intellectual Property Department (
www.ipd.gov.hk/eng/trademarks.htm ) is responsible for the registration of trademarks. Having the name of a limited company registered with the Companies Registry does not automatically confer on the company the right to use its name as a trademark in promoting or dealing in goods and services. You have to file an application with the Trade Marks Registry for trademark registration in order to obtain the protection under the Trade Marks Ordinance. |
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| Q12. | Will the Trade Marks Registry give approval to the registration of the name of my limited company as a trademark because I have registered it with the Companies Registry? | |
| Answer: | Company registration and trademark registration in Hong Kong serve different purposes. They are regulated by different laws and registration systems administered by different government departments. The Companies Registry is responsible for the registration of local limited companies and companies incorporated outside Hong Kong which have established a place of business in Hong Kong, while the Trade Marks Registry administered by the Intellectual Property Department is responsible for the registration of trademarks. The fact that the name of your company has been registered with the Companies Registry does not mean that it is registrable as a trademark. The Registrar of Trade Marks examines each application to ensure that the requirements under the Trade Marks Ordinance (Cap. 559) and Trade Marks Rules (Cap. 559A) are satisfied. For details, please visit the website of the Intellectual Property Department:
www.ipd.gov.hk/eng/trademarks.htm |
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