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Taiwan Trademark Registration 

 
Attorneys - Taiwan
 
Welcome:

My name is Gary Scott and I'm the representative Attorney in Taiwan.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Taiwan through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Should I file my trademark in local characters?

    Yes, for a broader and stronger protection in Taiwan, we recommend registering your trademark in local characters.

    If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.

    In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in Taiwanwill recognize your brand more easily if they are able to read and correctly pronounce the mark.

    Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.

  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

     

  • If I register my trademark in Taiwan, do I have protection in other territories?

    Taiwan is the territorial limit of registration.

  • Do I need to sign a Power of Attorney?

    Yes. A power of attorney is needed to complete the application requirements.

  • Are there any benefits from a pre-filing use of the trademark?
    • Use may demonstrate acquired
    • Use may help overcome an opposition on the grounds of non-distinctiveness
    • Prior use may be asserted in opposition proceedings as a defence and may also be raised as a defence in infringement proceedings
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in Taiwan?
    • words
    • names
    • colours
    • slogans
    • devices
    • certain three-dimensional shapes
    • motion
    • taste
    • sounds
    • smells (olfactory trademarks)
    • trade dress/get-up
    • holograms
    • touch
    • collective marks
    • certification marks
    • service marks
  • What are the phases of application after a trademark has been filed in Taiwan?

    The order of the application process is as follows:

     

    1. Examination in respect to:
      • formalities
      • classification
      • clarity
      • descriptiveness
      • distinctiveness
      • deceptiveness
      • conflict with prior registration
    2. Registration is granted once oppositions are overcome
    3. Publication of the following particulars:
      • mark;
      • name of applicant;
      • address of applicant;
      • state or country of incorporation of applicant;
      • citizenship of applicant;
      • application number;
      • application date;
      • goods/services;
      • priority claim information;
      • representation of trademark
  • What type of trademark is not registrable?
    • generic terms
    • marks contrary to moral standards or public order
    • marks that function principally as surnames
    • names, flags or symbols of states, nations, regions, or of international organizations
    • marks not showing acquired distinctiveness
    • three-dimensional trademarks having functionality
    • marks that function principally as geographic location names
    • marks likely to mislead the public as to the quality, nature or place of origin of the goods or services
  • Does Taiwan use the "Nice Classification" system?

    Taiwan uses the Nice Classification System.

  • Does the Community Trademark apply for Taiwan?

    The European Union Trade Mark, formerly the Community Trade Mark, is not effective in this jurisdiction.

  • Is there any possibility to claim priority in Taiwan?

    The following conditions must be satisfied in order to claim priority:

     

    • If an applicant's home country is a member of the World Trade Organization
    • The priority application must be filed in any of the WTO member countries within the latest six months.
  • What do I need to do to satisfy the use requirement?

    A trademark must be used within three years from the registration date.

     

    The amount of use can be minimal. However, it must occur in Taiwan.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years.

  • What will be the renewal date of my trademark?

    The first renewal date of a trademark registration is 10 years from the registration grant date.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes, it is legal to use an unregistered mark for any goods or services.

  • How many applications should I file?

    The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Taiwan.

    If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

    In this case, proceeding with two trademark applications has the following advantages:

    1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
    2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
    3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

    If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.


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