Frequently Asked Questions - Trademark Registration in Taiwan

INTRODUCTION

COMPREHENSIVE STUDY

TRADEMARK REGISTRATION IN Taiwan

INTRODUCTION

What is a Trademark?

Trademarks are names or symbols used to identify the origin of some product or service.

Why register a trademark?

A registered trademark gives the exclusive use of that name, providing its owner the capability:

  • -To create "Trademark Value" (Goodwill), an active intangible for the company
  • -To offer licenses and franchises
  • -To be differentiated from competitors
  • -To be protected from third parties using an equal or similar name, exercising the legal actions that correspond
  • -To protect the Internet domain name
  • -To impede others attempting to register similar trademarks
  • -To have priority over third parties wanting to register their trademarks, in countries which do not require registration

Why Marcaria.com?

Because we have a team of Lawyers and Engineers, with years of experience in Trademark Registrations, which allows us to assure you:

  • -Competent professionals will perform all necessary procedures for the registration of your trademark
  • -You will receive timely information regarding updates to the process
  • -If objections arise in the registration process (opposition, refusal, etc.), knowledgeable lawyers will advise you on the appropriate course of action
  • -All information provided to us will be kept in absolute confidentiality. View our confidentiality policy

COMPREHENSIVE STUDY

Why is it so important?

It assists you in evaluating registration options.

According to statistics, 35% of registration requests are not finished. This is due primarily to objections (oppositions or refusals) that arise in the trademark registration process. These objections can come from many reason but mainly they originate when a similar trademark is presented (whether graphically or phonetically) which one that is already registered, or when a notoriously famous trademark is presented from the outside.

You are familiarized with the optimum coverage of your trademark. Through the Study you will be advised as to the class(es) in which you are required to register your trademark (and what products or services you need include in each class). This is very important for your trademark to be registered, as you may not be protected if the registration does not cover the adequate class(es), or you may be over protected, which signifies that you are squandering money by registering to classes that are not necessary.

Finally, with the Comprehensive Study you save time and money. Usually the Office of Trademarks takes months to decide whether to accept or reject the processing of a trademark. For this reason, if you do not complete a prior evaluation, it is highly likely that you will lose not only the associated money for trademark registration tariffs, but also a large amount of time and energy.

What does it contain?

The Comprehensive Study is comprised of 4 sections:

  • A) Optimum Protection: Identification of recommended classes to register your trademark. The classes recommended are based on the description of the products and services provided by you.
  • B) Similarity Search: An in depth search of preexisting registered trademarks that present some graphic or phonetic similarity.
  • C) Analysis and Recommendation: Based on the prior information and previous experience, the lawyers in charge of the registration will present an analysis and recommendation regarding the probability of registering your trademark, also classes in which you are required to register and what products/services to include in each class.
  • D) Trademark Registration Proposal: A Proposal by our lawyers for the Request for Registration of your trademark.

Who prepares it?

In all the countries where services are offered, Marcaria.com relies on teams of recognized and experienced lawyers, allowing us to assure you of a Study of high value.

To view more information about the person directly in charge of your request select the link "Lawyer in charge" located on the toolbar.

TRADEMARK REGISTRATION IN Taiwan

What should I do to register my trademark?

  1. 1. Request the Comprehensive Study (Step 1)
  2. 2. After evaluating the probability of registration, request for Registration of your trademark (Step 2)
  3. 3. Once your trademark has been accepted for registration, request the Registration Certificate (Step 3)

The lawyers in charge of your registration will complete each one of the above procedures.

Who will be in charge of my registration?

In countries where services are offered, Marcaria.com relies on teams of recognized and experienced lawyers, allowing us to assure a service of high quality.

To view more information about the person directly in charge of your request select the link "Lawyer in charge" located on the toolbar.

What are classes?

When registering a trademark you need to specify the products and services that will be associated with your trademark. The large majority of countries of the world (and, in fact, all countries in which Marcaria.com is located) have adopted the International Classification of Niza. This system groups all products and services into 45 classes -- 34 for products, 11 for services -- permitting you to specify precise and clear classes covering your trademark. The protection that is offered to a registered trademark covers only the classes specified at the time of registration, therefore, allowing two identical trademarks to coexist in distinct classes. The agencies governments are in charge of the registration of trademarks for a given class, offering greater protection and greater investment.

How do I know in which class(es) to register?

When you request a Comprehensive Study you are asked to describe how you intend to use a trademark for your products and services. With this description Marcaria.com will recommend to which class(es) to register and what products/services you should include in each class.

What happens if oppositions arise?

The purpose of the Comprehensive Study is to limit the probability of oppositions or refusals.

Nevertheless, if oppositions arise, Marcaria.com relies on experienced lawyers that will recommend you the appropriate course of action.

In what countries should I register my trademark?

The protection of trademarks is regional; therefore, it is advised to register your trademark in the countries where your business is located or where you plan to be located.

Can I register my domain as a trademark?

Yes, it is possible, and highly recommended that you do that, the reason is that a registered trademark confers you the rights to use your brand not only in the “real” world but also over the Internet. So in case a domain name conflict arises you’ll be in a very strong position to defend your brand.

Why the three steps?

In the trademark registration we have separated the process in 3 different services that we call the steps: Step 1 Comprehensive Study – Step 2 Request for Registration – Step 3 Title of Registration. The reason of the separation is that you pay only for the services received, and only when you advance in the process of registration you are advice to request the following service.

What payment alternatives do I have?

The payment alternatives are Credit Card and Bank Payments. To perform payments through credit card you have two options, through our website forms where you will be able to enter credit card information in a safe environment, or to send us via fax email the information through a payment form that we will be forwarding you. In relation to Bank Payments our options are payments through PAYPAL, check and bank deposit.