Taiwan Trademark Registration

Our Trademark Attorneys in Taiwan will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:

Trademark Comprehensive Study

Step 1

Trademark Comprehensive Study

A report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Taiwan. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.

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Trademark Registration Request

Step 2

Trademark Registration Request

The filing and processing of the Trademark Registration Request before the Taiwanese Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.

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Trademark Registration Certificate

Step 3

Trademark Registration Certificate

Once your trademark is approved for registration, you will need to request the Trademark Registration Certificate.

The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.

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  1. Is registration of a trademark mandatory in Taiwan?

    There is no legal requirement to register a mark, but most rights against infringers are generally acquired and easier to enforce as a result of a registration. The owners of unregistered well-known marks can resort to the stringent processes available under the Fair Trade Law for protection, but others with unregistered marks will find it difficult to obtain rights, and prevent others from using the mark. In the case of color, sound, and three dimensional trademarks it may be necessary to produce evidence of use to show that the trademark has been recognized in the market, and has a reputation.

  2. Which Intellectual Property rights are registrable?

    Any distinctive word, character, drawing, symbol, mono-color, color combinations, name, device, picture, sound, three-dimensional shape or combination thereof, may be registered as a trademark for goods or services, and in any language.

  3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

    It is possible to apply for a trademark covering retail services in Taiwan, but it is necessary to indicate what is being retailed. For example, we would have to say food retailing, clothes retailing, watch retailing, furniture retailing, etc. It should also be noted that the Intellectual Property Office in Taiwan does not allow “wholesaling” as a service.

  4. Is there any advantage in using a trademark before filing an application?

    Taiwan follows the first-to-file doctrine and, as a general rule, use prior to filing does not provide any advantage. However, prior use may be asserted in opposition or invalidation proceedings as a defense and may also be raised as a defense in infringement proceedings, under certain conditions.

  5. How long does the registration process take?

    In the absence of objections and oppositions, the registration process takes approximately 10 to 12 months.

  6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

    If a trademark is not used within three years after registration or, after a period of use, use of the mark is discontinued for a term in excess of three successive years, without justifiable cause, the IP Office may, ex officio, or at the request of a third party, cancel the right to the exclusive use of the mark.

  7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

    The trademark that is registered should be the one that is used. If the registered trademark is not used then it can be revoked for non-use with three years.

  8. How can I know which is the due date for the renewal of a registered trademark?

    The term/renewal date of a registration is 10 years from the registration date.

  9. When should I pay the renewal fee of my registered trademark?

    A renewal must be filed during the six month period expiring with the renewal date.

  10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew a trademark for six months after the renewal date upon payment of double the normal levels of Official Fees.

  11. What documents are required for filing a trademark or renewal application?

    No documentation is required for renewal.

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