Introduction to Taiwan Trademark Registration System

Taiwan Intellectual Property Office (TIPO)

Joined International Treaties for Trade Marks

Nil-

Principle on Trade Mark Protection

Taiwan adopts "first-to-file" for trademark protection, and the Trademark Law of Taiwan protects merely the registered trademarks.

If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action.

In case if an un-registered mark is registered in bad-faith by someone else, the original mark owner can raise an invalidation against the bad-faith registration within 5 years from the date of registration, but no right to raise any court action. Further, the unregistered mark is well-known, it is not in such restriction.

Kinds of Registrable Trade Marks

In Taiwan, the term “trademark?includes word mark, device mark, color per se mark, sound mark, 3D mark, and their combination.

In addition, there are special trademarks are enacted and protected, such as “certification mark? “collective trademark?and “collective membership mark?

Required Information and Documents

1. Applicant’s name, address, nationality / company’s registered country;
2. Specimen of the mark to be applied;
3. List of goods/services to be applied, and the class(es);
4. Translation & transliteration of foreign language in the mark;
5. A simply signed Power of Attorney; and
6. Priority document, if any.

Timeframe and Procedure for Application

If an application goes smoothly, the whole registration procedure takes about 10-14 months.

A trademark application in Taiwan usually takes about 5-8 months for examination, if there is no any refusal, it will then publish 3 months for opposition purpose. If no opposition is filed, a registration certificate will be issued within 1 month upon payment of the official registration fee.

Duration and Renewal of Registration

A trade mark registration in Taiwan is valid for 10 years from the date of application, which can be renewed every 10 years, from 6 months before the renewal due date or up to 6 months after the date expires.

Cancellation System

If a registered trademark has not been actual used in Taiwan by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel/remove the registration.

Relevant Information

Taiwan Trademark Registration Costs and Procedures