Taiwan
How to Register a Taiwan Trademark: Complete Step-by-Step Guide
A trademark serves as a legal symbol that distinguishes your products or services from others in the market, referring to any sign with distinct features. Knowing how securing a trademark can offer exclusive rights to your brand name, logo, design, symbol, or slogan, providing legal protection and enhancing your business's credibility, brand identity, and market presence. In this article, we delve into how to register a trademark in Taiwan, focusing on the complete process of filing a Taiwan trademark application. Let’s get started!
What to Know Before Actually Applying for Taiwan Trademark
If you are thinking of applying for a trademark in Taiwan, then you must know that a well-planned approach can help you avoid many challenges, meet legal requirements, and secure protection for your brand efficiently. Here's what you should know.
Can You Register It?
Before beginning the registration process in Taiwan, we advise applicants to conduct a prior search to ensure their mark's availability and prevent conflicts with existing trademarks. While not mandatory, this proactive step helps avoid challenges or risks from trademark trolls. We provide guidance on designing your trademark to minimize the risk of rejection during the application process at the end of this step.
Conduct a Trademark Search
Conducting a trademark search before applying in Taiwan is important to identify any existing marks that could conflict with yours, reducing the risk of costly legal disputes over trademark infringement or rejections. This step helps ensure that your trademark is distinctive and has a strong chance of approval.
Engaging an attorney for a trademark search in Taiwan offers a detailed analysis of potential conflicts. Attorneys can interpret complex search results, evaluate the chance of approval of your mark, and provide expert advice on Taiwan’s trademark regulations. Although the cost is higher, this approach offers peace of mind with professional guidance and thorough review.
For a more economical approach, applicants can conduct their own search. Self-conducted searches provide a general overview and can identify clear conflicts but may miss nuanced legal issues. This approach is often free or requires only minimal fees for database access.
Regardless of the method, conducting a trademark search in Taiwan is a prudent step that bolsters your confidence in the mark’s availability and minimizes risks, ensuring a smoother application process. The Taiwan Intellectual Property Office (TIPO) provides an online trademark database, making it easier for applicants to conduct preliminary searches.
What to Know Before Actually Applying for Taiwan Trademark
If you are thinking of applying for a trademark in Taiwan, then you must know that a well-planned approach can help you avoid many challenges, meet legal requirements, and secure protection for your brand efficiently. Here's what you should know.
Can You Register It?
Before beginning the registration process in Taiwan, we advise applicants to conduct a prior search to ensure their mark's availability and prevent conflicts with existing trademarks. While not mandatory, this proactive step helps avoid challenges or risks from trademark trolls.
We provide guidance on designing your trademark to minimize the risk of rejection during the application process at the end of this step.
Conduct a Trademark Search
Conducting a trademark search before applying in Taiwan is important to identify any existing marks that could conflict with yours, reducing the risk of costly legal disputes over trademark infringement or rejections. This step helps ensure that your trademark is distinctive and has a strong chance of approval.
Engaging an attorney for a trademark search in Taiwan offers a detailed analysis of potential conflicts. Attorneys can interpret complex search results, evaluate the chance of approval of your mark, and provide expert advice on Taiwan’s trademark regulations. Although the cost is higher, this approach offers peace of mind with professional guidance and thorough review.
For a more economical approach, applicants can conduct their own search. Self-conducted searches provide a general overview and can identify clear conflicts but may miss nuanced legal issues. This approach is often free or requires only minimal fees for database access.
Regardless of the method, conducting a trademark search in Taiwan is a prudent step that bolsters your confidence in the mark’s availability and minimizes risks, ensuring a smoother application process. The Taiwan Intellectual Property Office (TIPO) provides an online trademark database, making it easier for applicants to conduct preliminary searches.
Types of Trademarks
Apart from the basic trademark, which identifies goods or services, there are certification marks, collective trademarks, and collective membership marks available for registration in Taiwan.
Trademark
A trademark shall refer to any sign with distinctiveness, any of the following forms are all eligible to be registered as a trademark in Taiwan: words, designs, symbols, scents, colors, three-dimensional shapes, motions, holograms, and sounds.
Types of Trademarks
Apart from the basic trademark, which identifies goods or services, there are certification marks, collective trademarks, and collective membership marks available for registration in Taiwan.
Trademark
A trademark shall refer to any sign with distinctiveness, any of the following forms are all eligible to be registered as a trademark in Taiwan: words, designs, symbols, scents, colors, three-dimensional shapes, motions, holograms, and sounds.
Types of Trademarks
Apart from the basic trademark, which identifies goods or services, there are certification marks, collective trademarks, and collective membership marks available for registration in Taiwan.
Trademark: A trademark shall refer to any sign with distinctiveness, any of the following forms are all eligible to be registered as a trademark in Taiwan: words, designs, symbols, scents, colors, three-dimensional shapes, motions, holograms, and sounds.
For example, 「COCA-COLA」 sign or 「STARBUCKS」 sign.
THE COCA-COLA COMPANY
STARBUCKS CORPORATION
Apart from the basic trademark, which identifies goods or services, there are certification marks, collective trademarks, and collective membership marks available for registration in Taiwan.
Trademark
A trademark shall refer to any sign with distinctiveness, any of the following forms are all eligible to be registered as a trademark in Taiwan: words, designs, symbols, scents, colors, three-dimensional shapes, motions, holograms, and sounds.
THE COCA-COLA COMPANY
STARBUCKS CORPORATION
Certification Trademarks: A certification mark is used by someone other than its owner to certify certain qualities, characteristics, origins, or standards of their products or services. It indicates that the items have met specific criteria set by the certifying entity, not necessarily the mark's owner, through examination or testing. For example, the Taiwan Fine Product sign or the USDA ORGANIC sign.
The Taiwan Fine Product Sign
USDA ORGANIC
Collective Trademarks: Exclusively used by groups (e.g., business or social associations) to identify member-provided goods/services. For example, the CHIANTI CLASSICO by the Conrozio Vino Chianti Classico and the “琉球泡盛” (Ryukyu Awamori) by the Okinawa Distillers Association.
CONSORZIO VINO
CHIANTI CLASSICO
OKINAWA DISTILLERS ASSOCIATION
Collective Membership Marks: Identify merely the organization/membership of groups rather than goods/services. For example, the Lions Club and the Rotary Club.
ROTARY INTERNATIONAL
THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS
＆
Eligibility and Legal Requirments
Eligibility for filing a trademark application in Taiwan extends to both domestic and foreign natural persons, juristic persons, partnerships, legally established groups without juridical personality, or businesses registered under the Business Registration Act. However, collective trademarks, collective membership marks, and certification marks have specific rules. These types of marks can only be applied by business associations, social organizations, or groups operating as juristic persons.
Trademark applications can be filed by the applicant directly or through a trademark agent. If the applicant resides outside Taiwan, they must designate a licensed local attorney or trademark agent with a domicile to handle the application. Moreover, if a foreign company has a branch office in Taiwan, it can apply without a trademark agent by indicating its business address and representative in Taiwan. However, if a trademark agent is appointed, they must be informed of all application-related procedures.
Although Taiwan is neither a member of the Paris Convention nor the Madrid Protocol, it is a member of the World Trade Organization (WTO). As such, priority for trademark applications can be claimed based on an application filed in any WTO member state. If claiming priority from a foreign application within six months of its filing date, the applicant must provide a certified document issued by the government of that country.
There are 3 variations available, offering flexibility to applicants based on their urgency and requirements for filing trademarks.
The General process takes 6-8 months, with 2 months for certificate issuance, and allows paper or electronic submission if goods/services names don't match the official list.
The Fast-Track option shortens the review to 4-5 months but mandates electronic submission with precise goods/services names.
The Accelerated route, with a 2-month review, requires electronic submission, precise goods/services names, evidence of use or market intent, and double the standard fee.
Applications
When filing a trademark application, it's necessary to complete an application form. The filing date is considered either when the relevant documents are received by TIPO or based on the postmarked date. Fax submissions are not accepted. Additionally, the application must include the following documents:
Basic Information
Including the name, address, and country of the applicant as well as the proposed trademark.
Class of Designated Goods and Services
The filing system Taiwan adopts is the multi-class filing system, meaning that one application can apply for multiple classes of goods or services. Also, Taiwan uses the 12th Edition of the Nice Classification system.
Representation of Trademark
The representation of a trademark illustrates the mark intended for registration and publication in the Trademark Gazette, preventing duplications or unauthorized use. It must be on sturdy paper, sized between 8 to 5 centimeters, and not on photographic paper. TIPO may request a description, explaining the trademark’s use, and specimen, providing a sample or the electronic representation, to aid examination.
Power of Attorney:
If a trademark agent has been appointed, a signed Power of Attorney must be provided. The officials may request the Power of Attorney during the Formal Examination. Foreign applicants are generally granted a two-month window from the date of the notification letter. If the document is submitted in a foreign language, a translation in Traditional Chinese is required. Note that there is no requirement for notarization or legalization.
Priority Document (if applicable):
A certified copy of the Priority Document by the issued country should be provided within three months from the filing date, along with a Traditional Chinese translation.
Fee
The trademark application fee is NT$3,000 per class. A reduction of NT$300 per application is applicable for electronic submissions. An additional reduction of NT$300 per class is available if all designated goods or services match the reference names in the electronic application system.
Tips for Applications
Trademark registration in Taiwan operates under the "first to file" principle, meaning the granting of a filing date impacts others' rights. Once a trademark applicant specifies the trademark and associated goods/services, modifications are restricted. This is where the multi-class system proves beneficial.
Compared to single-class applications, Multi-class applications offer flexibility, allowing goods/services to move between classes. They also preserve cash flow by enabling payment for a single class initially, with additional classes addressed later. Multi-class applications simplify procedures and reduce filing time and costs. While government fees for changes are calculated per application, filing, registration, and renewal fees are per class.
Examination (Formal and Substantive)
TIPO conducts both formal and substantive examinations on trademark applications.
For the formal examination part, the examiner checks if the application meets submission requirements, including applicant qualifications, documentation, etc.
During substantive examination, TIPO evaluates the trademark's distinctiveness based on two grounds. If the trademark is distinct and eligible for registration, TIPO may approve the application. If the trademark is ineligible, TIPO will issue an office action. The applicant must respond within a deadline with arguments or any amendments to the application. In most cases, the applicant is given one or two attempts to address all objections from the office and proceed to the next step.
The aforementioned two types of grounds for refusal are absolute and relative grounds.
Absolute Grounds
For absolute grounds, trademark applications may be refused if they use descriptive terms that merely describe the quality, purpose, material, or origin of the goods/services. Moreover, trademarks posing a likelihood of confusion, misleading the public regarding the nature, quality, or origin of the goods/services may also be rejected. Finally, trademarks consisting solely of generic terms for the goods/services or lacking inherent distinctiveness may face rejection. Furthermore, trademarks identical or similar to national or foreign flags, emblems, or seals, or those contrary to public policy or morality, may also be refused.
Relative Grounds
Trademarks identical or similar to earlier trademarks for identical or similar goods/services may also face refusal. Moreover, trademarks similar to well-known trademarks, confusing the public, or those containing the name of a famous individual, legal entity, or business, might be denied registration as well.
Grant and Publication
Upon acceptance of the trademark application, the applicant must pay the registration fee (NT$2500 per class) within two months. Failure to do so within the timeframe will result in non-registration and the absence of a trademark registration certificate.
Suppose the registration fee remains unpaid due to circumstances beyond the applicant's control and does not hinder third-party applications or rights. In that case, it can still be settled within six months after the deadline with a doubled registration fee, and eligible to proceed with registration and obtain the trademark certificate at the end.
There are several payment methods available, including cash, bank checks or promissory notes, postal drafts, ATM fund transfers, and so on.
Following successful registration, the trademark undergoes a three-month publication period. During this time, any party can file an opposition with the TIPO if they disagree with the registration. If an opposition is raised, the office will review the arguments presented by both parties and render a decision accordingly. If no opposition is raised, the trademark will be registered and published in the Trademark Gazette, and the registration certificate, which is available in either electronic or paper, will be issued.
The term of trademark protection in Taiwan is ten years from the date of registration, with the option for renewal in subsequent ten-year periods. Renewal requests must be made within six months before the expiry date. Each renewal extends the protection period for another ten years, and there is no limit to the number of renewals permitted. The registration may also be revoked if the trademark is unused for three years without valid reasons. Also, applicants who apply within six months after the expiration of the trademark rights period must pay double the renewal registration fee.
Appeal and Administrative Litigation
If there's disagreement with the IPO's decision, an appeal can be made to the Petitions and Appeals Committee, MOEA within 30 days. If the MOEA's decision is disputed, an administrative suit can be filed with the Intellectual Property and Commercial Court, IPC within 2 months. Subsequently, if there's further disagreement, an appeal can be lodged with the Supreme Administrative Court within 20 days of the IPC's decision.
Choose WPTO to Help You File a Taiwan Trademark
Seeking to register your trademark in Taiwan without hassle? WPTO is here to lead you through the process seamlessly. With over 70 years of experience in delivering comprehensive IP services, our team of skilled attorneys, IP agents, patent engineers, and consultants ensures the effective safeguarding of your trademark rights.
From electronics to biotech, our specialists cover diverse fields, having obtained numerous trademarks successfully. Rely on our expertise and technical knowledge to protect your intellectual property. Reach out to us now to initiate your trademark application and filing process in Taiwan.
We provide guidance on designing your trademark to minimize the risk of rejection during the application process at the end of this step.
Before beginning the registration process in Taiwan, we advise applicants to conduct a prior search to ensure their mark's availability and prevent conflicts with existing trademarks. While not mandatory, this proactive step helps avoid challenges or risks from trademark trolls.
We provide guidance on designing your trademark to minimize the risk of rejection during the application process at the end of this step.
Certification Trademarks: A certification mark is used by someone other than its owner to certify certain qualities, characteristics, origins, or standards of their products or services. It indicates that the items have met specific criteria set by the certifying entity, not necessarily the mark's owner, through examination or testing. For example, the Taiwan Fine Product sign or the USDA ORGANIC sign.
Before beginning the registration process in Taiwan, we advise applicants to conduct a prior search to ensure their mark's availability and prevent conflicts with existing trademarks. While not mandatory, this proactive step helps avoid challenges or risks from trademark trolls.
We provide guidance on designing your trademark to minimize the risk of rejection during the application process at the end of this step.
Collective Trademarks: Exclusively used by groups (e.g., business or social associations) to identify member-provided goods/services. For example, the CHIANTI CLASSICO by the Conrozio Vino Chianti Classico and the “琉球泡盛” (Ryukyu Awamori) by the Okinawa Distillers Association.
Collective Membership Marks: Identify merely the organization/membership of groups rather than goods/services. For example, the Lions Club and the Rotary Club.
Eligibility and Legal Requirments
Eligibility for filing a trademark application in Taiwan extends to both domestic and foreign natural persons, juristic persons, partnerships, legally established groups without juridical personality, or businesses registered under the Business Registration Act. However, collective trademarks, collective membership marks, and certification marks have specific rules. These types of marks can only be applied by business associations, social organizations, or groups operating as juristic persons.
Preparation: Can You Register It?
Before beginning the registration process in Taiwan, we advise applicants to conduct a prior search to ensure their mark's availability and prevent conflicts with existing trademarks. While not mandatory, this proactive step helps avoid challenges or risks from trademark trolls.
We provide guidance on designing your trademark to minimize the risk of rejection during the application process at the end of this step.
Trademark applications can be filed by the applicant directly or through a trademark agent. If the applicant resides outside Taiwan, they must designate a licensed local attorney or trademark agent with a domicile to handle the application. Moreover, if a foreign company has a branch office in Taiwan, it can apply without a trademark agent by indicating its business address and representative in Taiwan. However, if a trademark agent is appointed, they must be informed of all application-related procedures.
Trademark applications can be filed by the applicant directly or through a trademark agent. If the applicant resides outside Taiwan, they must designate a licensed local attorney or trademark agent with a domicile to handle the application. Moreover, if a foreign company has a branch office in Taiwan, it can apply without a trademark agent by indicating its business address and representative in Taiwan. However, if a trademark agent is appointed, they must be informed of all application-related procedures.
Trademark applications can be filed by the applicant directly or through a trademark agent. If the applicant resides outside Taiwan, they must designate a licensed local attorney or trademark agent with a domicile to handle the application. Moreover, if a foreign company has a branch office in Taiwan, it can apply without a trademark agent by indicating its business address and representative in Taiwan. However, if a trademark agent is appointed, they must be informed of all application-related procedures.
Although Taiwan is neither a member of the Paris Convention nor the Madrid Protocol, it is a member of the World Trade Organization (WTO). As such, priority for trademark applications can be claimed based on an application filed in any WTO member state. If claiming priority from a foreign application within six months of its filing date, the applicant must provide a certified document issued by the government of that country.
There are 3 variations available, offering flexibility to applicants based on their urgency and requirements for filing trademarks.
The General process takes 6-8 months, with 2 months for certificate issuance, and allows paper or electronic submission if goods/services names don't match the official list.
The Fast-Track option shortens the review to 4-5 months but mandates electronic submission with precise goods/services names.
The Accelerated route, with a 2-month review, requires electronic submission, precise goods/services names, evidence of use or market intent, and double the standard fee.
- The General process takes 6-8 months, with 2 months for certificate issuance, and allows paper or electronic submission if goods/services names don't match the official list.
- The Fast-Track option shortens the review to 4-5 months but mandates electronic submission with precise goods/services names.
- The Accelerated route, with a 2-month review, requires electronic submission, precise goods/services names, evidence of use or market intent, and double the standard fee.
Please don’t hesitate to reach out if you have any questions or need clarification on the procedure.
Applications
When filing a trademark application, it's necessary to complete an application form. The filing date is considered either when the relevant documents are received by TIPO or based on the postmarked date. Fax submissions are not accepted. Additionally, the application must include the following documents:
- Basic Information: Including the name, address, and country of the applicant as well as the proposed trademark.
- Class of Designated Goods and Services: The filing system Taiwan adopts is the multi-class filing system, meaning that one application can apply for multiple classes of goods or services. Also, Taiwan uses the 12th Edition of the Nice Classification system.
- Representation of Trademark: The representation of a trademark illustrates the mark intended for registration and publication in the Trademark Gazette, preventing duplications or unauthorized use. It must be on sturdy paper, sized between 8 to 5 centimeters, and not on photographic paper. TIPO may request a description, explaining the trademark’s use, and specimen, providing a sample or the electronic representation, to aid examination.
- Power of Attorney: If a trademark agent has been appointed, a signed Power of Attorney must be provided. The officials may request the Power of Attorney during the Formal Examination. Foreign applicants are generally granted a two-month window from the date of the notification letter. If the document is submitted in a foreign language, a translation in Traditional Chinese is required. Note that there is no requirement for notarization or legalization.
- Priority Document (if applicable): A certified copy of the Priority Document by the issued country should be provided within three months from the filing date, along with a Traditional Chinese translation.
-
Fee: The trademark application fee is NT$3,000 (approximately $93) per class. This fee covers up to 20 items in classes 1 to 34 and up to 5 items in group 3519 of class 35. As for other groups in classes 35 and from classes 36 to 45, there is no specific limit. If you have more items, additional fees apply 200 NTD for each extra item in classes 1 to 34 and 500 NTD for each extra item in classes 35 to 45.
A reduction of NT$300 (approximately $10) per application is applicable for electronic submissions. An additional reduction of NT$300 (approximately $10) per class is available if all designated goods or services match the reference names in the electronic application system.For more current and detailed information, please refer to the official site. Also, feel free to reach out to us with any questions or concerns regarding the fees. We're here to assist you at every step.
| Service | Fee (NTD/ US $) | Notes |
|---|---|---|
| Application | 3,000 per class (approximately $93) |
For classes 1 to 34: Includes up to 20 designated goods; each additional item over 20 incurs an extra fee of 200 NTD. For class 35, group 3519: Includes up to 5 designated retail services; each additional service over 5 incurs an extra fee of 500 NTD. For classes 35 to 45: No particular limit. |
| Electronic Filing Discount | 300 reduction per application (approximately $10) | NA |
| Additional Discount | 300 reduction (approximately $10) | Applicable if all designated goods or services match the recommended terms in TIPO's e-filing system. |
The above fees are for reference only and may vary based on official adjustments.
Tips for Applications
Trademark registration in Taiwan operates under the "first to file" principle, meaning the granting of a filing date impacts others' rights. Once a trademark applicant specifies the trademark and associated goods/services, modifications are restricted. This is where the multi-class system proves beneficial.
Compared to single-class applications, Multi-class applications offer flexibility, allowing goods/services to move between classes. They also preserve cash flow by enabling payment for a single class initially, with additional classes addressed later. Multi-class applications simplify procedures and reduce filing time and costs. While government fees for changes are calculated per application, filing, registration, and renewal fees are per class.
Please feel free to reach out to us with any questions or concerns regarding the procedure. We're here to assist you at every step.
Examination (Formal and Substantive)
TIPO conducts both formal and substantive examinations on trademark applications.
For the formal examination part, the examiner checks if the application meets submission requirements, including applicant qualifications, documentation, etc.
During substantive examination, TIPO evaluates the trademark's distinctiveness based on two grounds. If the trademark is distinct and eligible for registration, TIPO may approve the application. If the trademark is ineligible, TIPO will issue an office action. The applicant must respond within a deadline with arguments or any amendments to the application. In most cases, the applicant is given one or two attempts to address all objections from the office and proceed to the next step.
The aforementioned two types of grounds for refusal are absolute and relative grounds.
Absolute Grounds for Refusal
For absolute grounds, trademark applications may be refused if they use descriptive terms that merely describe the quality, purpose, material, or origin of the goods/services. Moreover, trademarks posing a likelihood of confusion, misleading the public regarding the nature, quality, or origin of the goods/services may also be rejected. Finally, trademarks consisting solely of generic terms for the goods/services or lacking inherent distinctiveness may face rejection. Furthermore, trademarks identical or similar to national or foreign flags, emblems, or seals, or those contrary to public policy or morality, may also be refused.
Relative Grounds for Refusal
Trademarks identical or similar to earlier trademarks for identical or similar goods/services may also face refusal. Moreover, trademarks similar to well-known trademarks, confusing the public, or those containing the name of a famous individual, legal entity, or business, might be denied registration as well.
For any questions or concerns about the procedure, please don’t hesitate to get in touch with us. We're ready to assist you.
Grant and Publication
Upon acceptance of the trademark application, the applicant must pay the registration fee (NT$2500 per class) within two months. Failure to do so within the timeframe will result in non-registration and the absence of a trademark registration certificate.
Suppose the registration fee remains unpaid due to circumstances beyond the applicant's control and does not hinder third-party applications or rights. In that case, it can still be settled within six months after the deadline with a doubled registration fee, and eligible to proceed with registration and obtain the trademark certificate at the end.
There are several payment methods available, including cash, bank checks or promissory notes, postal drafts, ATM fund transfers, and so on.
Following successful registration, the trademark undergoes a three-month publication period. During this time, any party can file an opposition with the TIPO if they disagree with the registration. If an opposition is raised, the office will review the arguments presented by both parties and render a decision accordingly. If no opposition is raised, the trademark will be registered and published in the Trademark Gazette, and the registration certificate, which is available in either electronic or paper, will be issued.
The term of trademark protection in Taiwan is ten years from the date of registration, with the option for renewal in subsequent ten-year periods. Renewal requests must be made within six months before the expiry date. Each renewal extends the protection period for another ten years, and there is no limit to the number of renewals permitted. The trademark may also be revoked if the trademark is unused for three years without proper reasons. The registration may also be revoked if the trademark is unused for three years without valid reasons. Also, applicants who apply within six months after the expiration of the trademark rights period must pay double the renewal registration fee.
Please let us know if you have any questions or concerns about the procedure. We’re here to assist and provide guidance as needed.
Taiwan’s Trademark Protection at Customs
Just like in the U.S., where companies can register their trademarks with Customs and Border Protection (CBP) to prevent counterfeit imports, Taiwan also has a system for trademark protection at customs. In the U.S., businesses that own federally registered trademarks can record these with CBP, enabling the agency to seize imported goods that infringe upon registered trademarks. This proactive measure aids in blocking counterfeit goods at the border, protecting both businesses and consumers.
In Taiwan, trademark owners can register their trademarks with Customs via an online platform to protect against counterfeit goods. When suspected infringing items are identified during import or export inspections, Customs notifies the trademark owner, who can review photos online and provide evidence of infringement. If confirmed, Customs may temporarily hold the goods. This streamlined, remote process enhances efficiency and aligns with global practices to prevent counterfeit trade.
Appeal and Administrative Litigation
If there's disagreement with the IPO's decision, an appeal can be made to the Petitions and Appeals Committee, MOEA within 30 days. If the MOEA's decision is disputed, an administrative suit can be filed with the Intellectual Property and Commercial Court, IPC within 2 months. Subsequently, if there's further disagreement, an appeal can be lodged with the Supreme Administrative Court within 20 days of the IPC's decision.
If you have any inquiries or require assistance regarding the registration procedure, please contact us!
Why Should You Apply for a Trademark in Taiwan?
Registering a trademark in Taiwan is essential for businesses seeking to protect their brand and establish a foothold in this vibrant market.
Taiwan operates on a "first-to-file" system, meaning that registering a trademark grants exclusive rights to the mark within the region, even if another party has used a similar mark before. Without registration, trademark rights are not protected under Taiwanese law, making it difficult to enforce rights against infringers and take legal action when necessary.
A registered trademark also grants exclusive use within designated goods or services, bolstering market exclusivity in Taiwan. Trademarks serve as valuable assets; they can be licensed, assigned, or monetized, adding value to the business and the brand.
Beyond legal protection, registered trademarks foster brand recognition and customer trust, helping businesses build goodwill and stand out competitively in the market. For companies aiming to expand and grow in Taiwan, trademark registration is a strategic move that solidifies brand identity and paves the way for business opportunities.
Know More About TIPO: the Taiwan Intellectual Property Office
The Taiwan Intellectual Property Office (TIPO), established in 1999 under the Ministry of Economic Affairs, is the central authority for intellectual property (IP) rights in Taiwan. Tracing its origins back to the "National Registration Bureau" founded in 1927, TIPO has unified the regulation and protection of patents, trademarks, copyrights, integrated circuit layouts, and trade secrets, creating a solid foundation for Taiwan’s IP-driven economy. As the highest authority for administering the Trademark Act, Copyright Act, Patent Act, and Trade Secrets Act, its core responsibilities include the examination and registration of patents, trademarks, and designs, as well as the enforcement of copyright laws and trade secret protection.
Looking forward, TIPO’s 2024-2026 Action Plan prioritizes strengthening IP management in research and development, enhancing legal frameworks for innovation, and boosting enforcement against counterfeiting and piracy. Through these efforts, TIPO aims to create an IP ecosystem that not only safeguards creators’ rights but also fosters economic growth.
Over the years, TIPO has played a critical role in shaping IP policies, ensuring regulatory compliance, and promoting innovation across Taiwan’s industries, advancing Taiwan as a key player in global IP protection.
Recap: Document Checklist for Taiwan Trademark Application
- Basic Application Form: Applicant’s name, address, country, and proposed trademark.
- Goods/Services List: Detailed list in Traditional Chinese, following TIPO's Classification of Goods and Services.
- Application Fee Proof: Receipt or confirmation of payment.
- Trademark Representation: The design format should be a JPG file with a resolution of 300 DPI or higher, and the dimensions should be a square image measuring between 5 cm and 8 cm in both width and height.
- Power of Attorney (if needed): Required if using an agent; submit with Traditional Chinese translation (no notarization).
- Priority Document (if applicable): Certified copy with Traditional Chinese translation, due within three months.
Choose WPTO to Help You File a Taiwan Trademark
Seeking to register your trademark in Taiwan without hassle? WPTO is here to lead you through the process seamlessly. With over 70 years of experience in delivering comprehensive IP services, our team of skilled attorneys, IP agents, patent engineers, and consultants ensures the effective safeguarding of your trademark rights.
From electronics to biotech, our specialists cover diverse fields, having obtained numerous trademarks successfully. Whether you are registering a trademark in Taiwan, Japan, or China, or need international protection, or even a patent in Taiwan, WPTO is your trusted partner in safeguarding your intellectual property. Rely on our expertise and technical knowledge to protect your intellectual property. Reach out to us now to initiate your trademark application and filing process in Taiwan.