Taiwan trademark registration is one way to protect your intellectual property rights in Taiwan. Trademark application in Taiwan operates on a first-file-first-get basis, and can be based on an intent to use basis. Foreign company or individual can apply to register their marks in Taiwan without nationality restriction or residency requirement. Trademark matters shall be exclusively dealt with by one of its subordinates, the Intellectual Property Office (TIPO). The following are the frequently asked questions about Taiwan trademark registration.
Q: Why should you register your trademark in Taiwan?
Taiwan adopts first-to-file principle on trademark registration, which means whoever applies for a trademark first, will obtain the registration even you are the one who uses the trademark first. it is very important to have your trademark registered and protected at the very beginning.
Q: Who is eligible for filing a trademark application?
Generally speaking, any domestic or foreign natural person, juristic person or business entities (business establishments or firms) who use trademark to identify the goods or services they offer in trade, may file a trademark application in the name of an individual, juristic person or business entity.
Q: Is it required to appoint a trademark agent for filing a trademark application?
A trademark application may be filed either by a trademark agent or by the applicant himself/herself. A foreigner who has no domicile or place of business within the territory of the Republic of China (ROC) must designate a trademark agent who has a domicile in the ROC for handling trademark matters.
Q: How to file a trademark application?
In filing a trademark application, an application form should be prepared, and the filing date is the date when the relevant documents are received by TIPO or the postmarked date. No delivery of the application via facsimile is allowed. In addition, the application shall be accompanied by the following documentations:
1. Application specifying the name and address of the applicant, the proposed trademark, the class of the designated goods/services and the names of the goods/services;
2. Clear trademark representations;
3. Government fees;
4. In case a trademark agent is appointed, the Power of Attorney (if in a foreign language, a Chinese translation is required);
5. The application must be signed or sealed. If a trademark agent is appointed, the application may be signed or sealed by the trademark agent only.
Q: How long does it take for a trademark registration to be approved?
After filing the application, the trademark office will make their decision in 6-8 months. If the application is approved, you will receive the notice of the registration fee. After the received your payment, the registration will be published and the trademark office will issue the Certificate of Registration usually in one month.
Q: How long is the term of protection for Taiwan trademarks?
The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration. If you intend to continue to use the registered trademark, you can file the renewal application for an additional ten year. The trademark right period will go on endlessly, as long as the holder keep renew it.
Q: What should be noted after a trademark has been granted registration?
After acquiring the rights to a trademark, the registrant shall, in particular, note the following matters:
(1) renewal of the term of exclusive use;
(2) obligation to continuously use the trademark;
(3) recordation of licensed use;
(4) prohibition of change or additional notes to the trademark, whereby the trademark is made similar to another person's trademark.
Please bear in mind that registration renewal shall be filed prior to the expiration of the term of exclusive use thereof.
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