Trademark Registration in Taiwan

Trademark is a type of intellectual property that helps a business to distinguish its goods or services from others on the market. The element of a trademark shall consist of a sign with distinctiveness, which may consist of characters, symbols, colors, three-dimensional shapes, sounds, or any combination thereof. Registering your trademark in Taiwan can make it easier for consumers to recognize and remember them and  give you the exclusive right to use the mark in connection with the goods or services listed in the register. This means that your competitors and other parties cannot use the same or a similar mark without the owner’s permission. This safeguards the distinctiveness and uniqueness of the registered trademark. For the foreigners or foreign companies who plan to expand its market in Taiwan, registering the trademarks definitely would be the inevitable and most important step to start.  

1. Taiwan Trademark Registration in General 

The legal source of the trademark registration in Taiwan is the Trademark Act, which provides the definition of trademark, the process for registering and protecting trademarks, the remedies available for trademark infringement and the punishment against violation of the right of trademark. The official authority in charge of trademark affairs in Taiwan is the Taiwan Intellectual Property Office (“TIPO”). TIPO is responsible for examining and approving applications for trademark registration and providing services in relation to trademarks, such as trademark renewal. 

2. Steps of Trademark Registration 

To register a trademark in Taiwan, you shall check the following steps to enhance your chances of success: 

2.1. Conducting a prior search: Before the trademark registration, the applicant may conduct a prior search, which helps to ensure its mark is available for registration and to avoid any potential conflicts with existing trademarks. Moreover, the prior search may be the first and proactive step to preclude the challenges brought by trademark trolls. 

2.2. Filing an application to TIPO: To initiate the application procedure, the applicant is required to submit Taiwan trademark registration forms with necessary information for TIPO for appraisal. Generally, the necessary information includes: (a) sample of the trademark, (b) clear and legible description of the trademark (which may be text or graphic), (c) a list of goods or services for which the trademark will be registered, and (d) name and address of the applicant. 

2.3. Appraisal: TIPO will appraise the application to determine whether it meets the requirements for registration. This process may take at least 6 to 7 months in a normal case. If the application passes the appraisal, the trademark will be published for registration and the applicant will get a trademark certificate. 

2.4. Payment of Registration Fee: The trademark registration is chargeable by TIPO, which will be divided into two payments. Initially, the applicant shall pay the fees upfront when filing the application, which will be NTD 3,000 per trademark per class. Then, after the trademark is accepted, the applicant shall further pay registration fee, which amounts to NTD 2,500 per trademark per class. 

2.5. Validity: Once the trademark is registered, it will be valid for 10 years from the date of publication for registration application. The trademark can then be renewed every 10 years to maintain the protection.  

3. Tips for Successful Trademark Registration Process in Taiwan 

For an effective trademark registration in Taiwan, consider the following tips:  

3.1. Conducting Prior search: Although conducting prior search is not a statutory procedure, it is still highly recommended to do so prior to the application. The prior search can be helpful to understand whether the trademark is registrable and to avoid any risk of causing confusion with previously registered trademarks.   

3.2. Paying attention to the designated goods/services of each class: Keep in mind that the additional fees would be charged by TIPO if the number of designated goods/services exceeds 20 in classes 1 to 34 or 5 in class 35. 

3.3. Avoiding descriptive mark: A very common reason resulting in the rejection of the trademark registration application in Taiwan is that the trademark is considered as descriptive, lacking distinctiveness. Therefore, it is essential to make sure that the marks to be registered have the necessary self-distinctiveness to ensure the registrability. 

By following the steps and noticing the tips mentioned above, the applicant can increase the chances of a successful trademark registration in Taiwan. To mitigate unnecessary risks and save time, Apolat Legal offers professional support and expertise for those interested in trademark registration in Taiwan. With extensive experience in trademark registration and intellectual property rights protection in Taiwan, Apolat Legal is ready to assist with any inquiries related to trademark registration in Taiwan. 

 


Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Intellectual Property Rights and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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