Taiwan Trademarks

Taiwan has its own independent trademark registration system. Thus, trademarks registered in the mainland of China or other countries or regions are not valid in Taiwan. If a trademark needs to be protected in Taiwan, the trademark registrant must conduct related formalities to register his own trademark in accordance with Taiwan Trademark Law.

Registering a Taiwan trademark can not only improve the image of the company and enhance company’s popularity, but also promote the competition capacity of the company to create more profits. Taiwan trademarks adopt the principle of first application and are valid for 10 years.

Application Procedures:

1Trademark enquiry--- optional

2 Submission of application--- entrusting an agent to submit application documents

3 Procedure review--- The examiner firstly conducts a procedural review which means to examine whether the contents of the application letter and fee documents are complete. If there is any mistake or incomplete document, the applicant will be notified to correct them within a limited time.

4 Substantial review--- After the procedure review is complete, substantial review will be conducted according to the trademark review principles.

5 Trademark announcement--- After the reviews, trademarks considered to be able to be registered will be published. The announcement period lasts for 3 months and others can raise oppositions to the trademark during this period.

6 Trademark registration--- If the trademark is not opposed after the expiration of 3-month-long announcement period , it can be registered successfully. The Trademark Registration Certificate will be issued after one and a half month.

Documents Required for Application:

Subject qualification certificate of the applicant

Name of the protected categories and goods/service

Electronic pattern of the trademark

Name and address of the applicant in both Chinese and English

Power of Attorney for Taiwan Trademark Registration

Others:

Taiwan is not a member of Madrid International Trademark, so the trademark registration can be applied only through agencies.

The trademark categories that can be registered in Taiwan includes commodity trademark, service trademark, certification trademark and group trademark.

It may take 8-10 months to review whether a trademark can be published, counting from the application date of the trademark registration.

The valid term of Taiwan trademark lasts for 10 years counting from the registration date. If the trademark still needs to be used after the expiration, a renewal should be applied 6 months before the expiration date. Each renewal is valid for 10 years. Besides, during the 6-month-long renewal period after trademark’s expiration, the trademark can also be renewed, but additional fees should be charged.

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