Taiwan trademark application is one of the useful ways to protect company's brands. Taiwan is an island in East Asia; located 180 kilometers off the southeastern coast of mainland China across the Taiwan Strait. It has an area of 35,883 km2 and spans the Tropic of Cancer. The East China Sea lies to the north, the Philippine Sea to the east, the Luzon Strait directly to the south and the South China Sea to the southwest. Taiwan proper makes up 99% of the territory of the Free Area controlled by the Republic of China since the ROC lost its mainland China territory in the Chinese Civil War and fled to the island in 1949; the ROC itself is commonly referred to as simply "Taiwan".
Taiwan Trademark Application- Types of Taiwan Trademark
Principal Mark – Including word, drawing, symbol, color, sound, three-dimensional shape, or combination thereof
Group Mark – A mark used by members of a cooperative or association, such as by union members (these marks are generally used on goods not sold directly by members of the group)
Certification Mark – A mark used to identify the quality or characteristics of products as meeting the criteria of a certifying body, but not the particular source of goods (certification marks will not be registered if they are descriptive)
Unregistrable Marks- According to Taiwan trademark laws, there are several types of trademarks are not granted registration in Taiwan. Among these are marks that are identical or similar to national flags; marks that are identical with or similar to other registered marks for the same or similar merchandise; marks that are likely to lead the public into misidentification or misconception in respect of the characteristics, quality, or place of origin of the merchandise; marks that are descriptive of the merchandise to which they are applied; marks that are identical or similar to another person's famous mark thus causing the public to confuse or misidentify it or diluting the identification or reputation of the famous mark; and marks that are not distinctive. Suggestive marks are generally considered to be "descriptive" by TIPO examiners.
Taiwan Trademark Application- Documents required
1. A simple Power of Attorney (PoA) executed by the applicant, no notarization is required. (Kaizen will prepare the PoA).
2. A soft copy of the trademark. Four black and white prints as well as fifteen color prints are required when a trademark is in color.
3. A detailed list of products or services to be covered in the application.
4. A copy of Certificate of Incorporation or Business Registration Certificate or anything of similar nature which shows the name and address of the applicant.
5. A Chinese translation of the applicant's name.
6. A priority document when priority is claimed. The document can be filed within 3 months after the filing date of the application.
Taiwan Trademark Application- Procedure
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 10-12 months from first filing to registration. Before registration the trademark application is published in the official gazette. The opposition period is 3 months from publication date of the application.
Taiwan Trademark Application- Duration
A trademark registration in Taiwan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
Contact Us
If you have further enquire, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com.
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