With a strong focus on innovation and technology, particularly in the electronics and high-tech sectors, Taiwan is home to many global tech giants and is known as one of the world’s leading producers of semiconductors and computer components.
Registering trademark in Taiwan allows businesses to establish their brand presence in this dynamic market which can also facilitate them to expand their operations in the region.
In this article, we will provide you with an overview of the trademark registration process in Taiwan and discuss some of its key features.
Taiwan is an integral part of the Greater China Region sharing the same culture and language with mainland China, Hong Kong and Macau.
It is therefore no surprise that the economies of these regions are closely connected with each other. Taiwan’s well-developed infrastructure, including modern transportation systems, communication networks, and logistics facilities, make it easy to access markets in Asia and around the world.
With a strong focus on innovation and technology, particularly in the electronics and high-tech sectors, Taiwan is home to many global tech giants and is known as one of the world’s leading producers of semiconductors and computer components.
These factors have contributed to the rapid economic growth of Taiwan, attracting foreign investments and fostering expansion opportunities for businesses.
Registering trademark in Taiwan allows businesses to establish their brand presence in this dynamic market which can also facilitate them to expand their operations in the region.
In this article, we will provide you with an overview of the trademark registration process in Taiwan and discuss some of its key features.
Stardust Intellectual Property is a group of expert consultants who are familiar with intellectual property and law. The advisory members have served as corporate intellectual property legal counsel for listed technology companies for many years and have the experience and ability to manage intellectual property rights and handle cross-border patent/trademark infringement disputes and litigation.
Assuming a straightforward application, the entire process is expected to take approximately 8 – 12 months.
Before submitting an application for trademark registration, it is recommended to conduct a trademark search in Taiwan to ensure that your desired trademark is available and not already registered by someone else.
Unfortunately, the Taiwan Intellectual Property Office (TIPO) does not provide official search, but you could engage a local trademark agent for conducting an unofficial trademark search in Taiwan.
It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share wOnce the search results warrant further action, you can submit an application for registration to the TIPO.
The application must include the name and address of the applicant, a clear image of the mark, a description of the goods or services that the mark will be used etc.
If you engage a trademark agent in Taiwan to file the application for you, a power of attorney will also be required.ith the world. Whatever it is, the way you tell your story online can make all the difference.
After your application is submitted, the TIPO will carry out a thorough check to see if all the required information has been provided and if they are correct.
At this stage, the TIPO will examine whether the application should be refused for any relative grounds or absolute grounds.
If your trademark application is approved, it will be published in the TIPO's official gazette for a period of three months.
During this publication period, third party has the opportunity to file an opposition to your registration.
If no opposition is filed during the publication period, your trademark will be registered and you will receive a certificate of registration.
Taiwan trademark registration is valid for 10 years from the date of registration, not from the date of application.
It is possible to renew the registration for additional 10-year periods indefinitely.
The official language used in trademark registration in Taiwan is Traditional Chinese. All trademark application documents, including the application form, trademark specifications and other supporting documents, must be submitted in Traditional Chinese.
In this regard, all documents must be translated into Traditional Chinese if they are originally in another language. This can add time and expense to the trademark registration process. Additionally, it is important to ensure that the translation is accurate and reflects the intended meaning of the original document. Any discrepancies or errors in the translation could potentially affect the validity of the trademark registration.
As advised in Trademark Classes? Basic but not Simple!, there are 45 trademark classes of goods or services that can be registered for as defined by the Nice Classification System. Like many of the other jurisdictions, multi-class trademark application is available in Taiwan, so an applicant can file a single application to cover multiple classes of goods or services. This can be beneficial for applicants who plan to use their Taiwan trademark across a range of different products or services, as it can save time and reduce administrative burdens associated with filing multiple applications. The overall fees for multi-class applications are typically lower too.
While filing a multi-class application can be advantageous, it is important to recognize that it comes with added complexity. It is crucial to carefully consider the goods and services associated with the Taiwan trademark to ensure that the correct classes are selected. Additionally, there is a risk of rejection of the entire application if the trademark is found to infringe on an existing trademark in any of the classes.
Taiwan does not allow for the registration of series marks, it means that different versions of a trademark, such as a word mark in upper case versus lower case or a mark in black and white versus color, cannot be included in a single application. Each version must be filed separately, even if they are similar. While this can simplify the preparation process for businesses in designing or deciding the versions of a trademark, it can also make the application process more expensive and time-consuming.
In Taiwan, trademark rights are established by registration, and the first person or entity to file a trademark application for a particular mark will have priority over subsequent applicants. This means that even if you have been using a particular mark in Taiwan for a certain period of time, you will not have any legal rights to the mark until you have registered it with the TIPO.
Under the first-to-file system, it is important to file a trademark application as soon as possible to protect your brand in Taiwan. This is because if someone else files an application for the same mark before you do, they will have priority over your application and may be able to prevent you from using the mark in Taiwan, even if you were using the mark first (see also Common Law System is Better than Civil Law System?).
We hope you find this summary informative and can facilitate your self-application in Taiwan. That said, DIY trademark could be tricky and if you need professional advice and guidance on trademark law, including the registration process, potential issues, and strategies to protect your Taiwan trademark, Trasomark and a reliable trademark agent in Taiwan are available to assist you.
For foreign companies intending to enter the Taiwan market, it’s not just about doing the necessary preparations such as market research or human resources, we strongly recommend a comprehensive understanding of Taiwan’s trademark regulations.
Attention all brand owners! Taiwan has just introduced a “draft amendment on partial articles of the Trademark Act”, and it’s set to revolutionize the way trademark disputes are handled in the country.
