Taiwan Trademark Introduction
Trademark protection rule
Taiwan’s trademark law follows the “First-to-file” rule, which indicates that protection will be given to the trademark that is registered earlier vis-a-vis those who come late to file in the same trademark class, even though he/she may have used the mark for a while .
Under the principle of territoriality, trademark could only be protected in registered regions. Hence, protection is legally valid and limited only within Taiwan if the applicants register his/her trademark there, and vice versa. Businesses that fail to register their trademark in Taiwan will have very limited legal protection in Taiwan against trademark infringement. Corporation should apply overseas trademark if they want to expand their business, so as to avoid the infringement of trademark against or by a third party.
Renewal of registration
Noted that trademark will be removed from registration if applicants do not apply for renewals of registration within a specific period.
Taiwan Trademark Types
|Product / Service Mark 「TM」|
|Distinguish its own goods/services from others|
|Distinguish the goods or services provided by a juridical person (e.g. corporations, members of an association or any other groups) from non-members|
|Goods or services that have met certain standards and is used to distinguish the goods or services certified by the proprietor of the mark from other non-certified goods or services.|
(Sources：Taiwan Intellectual Property Office)
Taiwan Trademark Application Procedure
Application procedure normally takes 6 – 8 months, which included 3 months of publication for opposition.
Below is the procedure of applying Taiwan trademark,
Taiwan Trademark FAQ
Taiwan Trademark Application
Q1：What are the requirements if I want to apply Taiwan trademark?
1. Individual or business entity
2. Juridical person (e.g. corporations, members of an association or any other groups) [For collective trademark]
3. Applicants (e.g. Juridical person, government department etc.) that can certify the product / services provided by a third party. [For certification trademark]
Q2：What do I need when I apply the trademark?
1. Application form：Should clearly state the basic information of applicants, including but not limited to name, address, nationality etc.
2. Classes of goods and services applied
4. Power of attorney
Taiwan Trademark Objection
Q2：Why my trademark is objected by TIPO?
A2：Reasons include (1) High similarity with another registered trademark, (2) Violation of trademark law, (3) Indistinctive characteristics, (4)Conflict with prior rights etc.
Q3：What should I do if the trademark is objected by TIPO?
A3：Applicant can appeal examination to TIPO within 30 days beginning from receipt of notice. TIPO will notice the applicant in written format. Applicant who is not satisfied with TIPO’s judgement can litigate through Intellectual Property Court within 2 months beginning from receipt of notice. Should you have any inquiries about appealing examination, please feel free to contact our IP consultant anytime.
Q4：How much for appealing examination?
A4：Appealing fee varies based on the case situation. Should you have any inquiries about appealing examination, please feel free to contact our IP consultant anytime.
Taiwan Trademark Opposition
Q3：What should I do if my trademark is opposed by a third party?
A3：Applicant can file evidence in support of application within 30 days from receipt of notification, and applicant has the right to extend the deadline for 30 days more. Should you have any inquiries about trademark opposition or procedure, please feel free to contact our IP consultant anytime.
Q4：Can I not to defense when someone opposes my trademark?
A4：Applicant will be treated as withdrawal of defense if he/she does not apply defense. The final result is subject to TIPO.
Q5：If I failed to object a trademark, can I apply trademark opposition with the same reason again?
A5：Anyone is not allowed to apply the trademark opposition with the same evidence or same reason after the decision is made.
Q6：What should I submit if I want to oppose a trademark?
A6：Applicant has to submit the following documents, including but not limited to:
1. Opposition form
2. Copies of the published announcement of opposed trademark
3. Reason of opposition with clear evidence
4. Power of Attorney