- Amazon Brand Registry Trademark Requirements
- Argentina Trademark
- Australia Trademark
- Canada Trademark
- China Trademark
- EU Trademark (EUTM)
- Hong Kong Trademark
- India Trademark
- International Trademark Application (Madrid)
- Mexico Trademark
- New Zealand Trademark
- Taiwan Trademark
- Trademark Transfer and Trademark Assignment
- UK Trademark
- US Trademark
- US Trademark Application - Applicant Information
- US Trademark Application Process
What is a trademark? What does it protect?
A trademark is a recognizable sign, design, or expression that identifies the commercial source or origin of products or services from those of others. The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark is established through actual use in the marketplace, or through registration office of a particular jurisdiction. The owner of a trademark may pursue legal action against trademark infringement. All in all, trademark law seeks to protect exclusive rights and commercial source that is related to certain products or services, assuming there are no other trademark objections.
What are the benefits of registering a trademark?
Although registering a trademark is not mandatory, there are several advantages that can enhance your right of using a trademark. In Taiwan, the trademark system is established to protect the legal rights for registering a trademark. Once a trademark is registered in accordance with the law, it gives you a legal presumption of the exclusive right to use your mark nationwide on or in connection with the goods and services identified in your registration. A registered trademark can also be used by others under a licensing agreement. Trademark registration creates a legal presumption that you are the owner of the mark. This is a real advantage if you need to enforce your registration either in or out of court. If someone violates of the exclusive rights attached to a trademark without your authorization as the trademark owner or as licensees, you will be able to enforce your rights through trademark infringement proceedings. You may request monetary compensation from the party who intentionally or negligently infringes the registered trademark.
How much does it cost?
Basically, the Taiwan trademark application fees include the initial application fee, registration fee, and renewal of registration fee.
Taiwan Trademark Initial Application Fee
|Trademark or Collective Trademark||NTD$3000 per class of goods or services|
All trademark fees are calculated on a “per class basis” for all listed goods and/or services, which will make overall fees higher if goods/services fall in more than one class. In other words, you must pay for each class of goods and/or services in the application. Additionally, if the number of items under one class are more than 20, you have to pay NTD$200 for each additional one.
Taiwan Trademark Registration Fee
|Trademark or Collective Trademark||NTD$2500 per class of goods or services|
|Collective Membership or Certification Mark||NTD$2500 per class of goods or services|
Once the trademark has been approved, the applicant shall pay for the registration fee within two months in order to issue a trademark registration certificate. A Taiwan trademark registration remains in force for a 10 year period from the date of registration.
Taiwan Trademark Renewal of Registration Fee
|Trademark or Collective Trademark||NTD$4000 per class of goods or services|
|Collective Membership or Certification Mark||NTD$4000 per class of goods or services|
A Taiwan trademark renewal must be filed every 10 years calculated from the date of registration. The complete trademark fee chart is available at the official website of the Taiwan Intellectual Property Office (TIPO).
What types of material can be trademarked?
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks which do not fall into these standard categories, such as those based on color, scent, taste, touch, motion, position, gesture, and multi-media. If a trademark is used in relation to services rather than products, it can also be trademarked as a service mark.
What is the general application process?
First of all, you have to select a mark, identify your mark format, and choose the specific goods and/or services to which the mark will apply. Then search the database to determine whether anyone is already claiming trademark rights in wording, logo, or design that is similar and used on related goods and/or services. Before filing an application, you also need to identify what your “basis” for filing is. As the above are very critical at the beginning of the process, you may consider whether to hire a trademark attorney or a trademark agent to help you with these steps, as well as the overall application process.
Secondly, you will have to file the application through TIPO. After the application is submitted, you should monitor the progress of your application through the Trademark Search at the TIPO website.
Once the minimum filing application requirements are met, it will take a few months for TIPO to review and issue a letter (known as an Office Action) explaining any substantive reasons for refusal or corrections. If TIPO raises no objections to registration, they will approve the mark for publication in the “Trademark Gazette”. Any party who believes it may be damaged by registration of the mark has 30 days from the publication date to file either an opposition to registration or a request to extend the time to oppose. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process.
After going through the above approval process, TIPO will register the mark and send the owner a certificate of registration. The owner shall pay for the registration fee within two months and the trademark remains in force for a 10 year period from the date of registration. Last but not the least, after the mark registers, the trademark owner must file specific maintenance documents to keep the registration live, including filing a renewal of registration every 10 years from the date of registration.
How long does it take to apply for a trademark?
The examination of trademark registration applications is complicated and time-consuming, as it requires conducting a trademark search and examining whether there is any legal requirement for objection. As a result, it can take 6 to 7 months from the time the application is submitted before the applicant will receive official certificate of registration, not including the time for correction, defense, or suspension due to any other matters.
How long does the trademark last?
After the trademark has been approved, the applicant must pay for the registration fee the trademark within two months once they receive the letter of approval. TIPO then publishes the trademark in the “Trademark Gazette”. Officially, the trademark owner will obtain the trademark rights for 10 years from the date of the registration announcement.
What information does the client have to provide?
In order to apply for a Taiwan trademark application, the applicant must provide the information below.
Section I: Trademark Representation
- Attach a copy of the trademark representation to the application form. The mark should be clearly visible and of high resolution.
- Trademark Name
- Trademark Color (typically black, but can also be in color)
- Attributes of the trademark, including language (English, Japanese, etc.), Chinese translation, logo or design mark description (describe the pattern in words), etc.
Section II: Claim Priority
- An applicant needs to state the first date of use anywhere in the world for each trademarked good or service if applicable.
Section III: Exhibition Priority
- An applicant needs to state the exhibition name and the date of the first exhibition if applicable.
Section IV: Applicants (if there are multiple applicants, each applicant should provide the information below)
- Applicant Name, including Chinese and English name if applicable
- Applicant Entity Type (such as individual, legal entity, company, organization, etc.)
- Applicant Nationality (Taiwanor foreign country)
- Identification Card Number or Tax ID Number
- Applicant Contact Information including address, phone number, fax, and email. The address should include both Chinese and English. The address must include a postal code.
Section V: Actual Use Basis
- The classification of goods and services. To find the list of classified goods and services, please search the TIPO master list of Classification for Goods and Services.
- The category names of goods and services
What size should the logo be?
The image for each trademark should be square with a length and width between 5cm to 8cm. The image resolution should be at least 300 dpi, and the image file format must be in JPG or TIF.
What forms should be filled out?
When applying for the trademark registration, you will need to fill out the Registration Application Form. If you decided to hire a trademark attorney or trademark agent to represent you in the registration process, you also need to fill out the power of attorney. There are also forms for various purposes such as Change of Trademark Right, Dividing, Renewal of Registration, Dispute Issue applications, etc.
How does the client search for existing trademarks?
Before you apply, you can search the TIPO trademark database (Trademark Search System) to see if any trademark has already been registered or applied for that is similar to your trademark and used on related products or services. A trademark that meets that criteria may prevent your trademark from being registered because it creates a likelihood of confusion between your mark the the previously registered trademark.
The video below discusses US trademark registration, but the general concepts also apply to Taiwan trademark registration.
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