Trademark Registration in Taiwan

Trademarks may be protected in Taiwan under the Trademark Act by registering the mark with Taiwan Intellectual Property Office.

A straightforward trademark registration will usually take approximately 9-12 months.

Details Required

To support a trademark application in Taiwan, please provide the following information:

Search

To ensure your proposed trademark has not been registered in Taiwan, you are highly recommended to conduct a preliminary trademark search on the Taiwan trademark register. The search will be conducted by a Taiwan Attorney with a preliminary advice on the trademarkˇ¦s registrability. Please note that the searching system is in Chinese only.

Procedure

When we have received your application, we will issue (1) a confirmation letter which summarizes the details and specifications of the application for your final checking (2) the power of attorney for your execution and at the same time (3) our invoice.

Please confirm the application by signing on the letter and return to us by fax or email. The application will be filed within 14 working days of receiving the original of the power of attorney and the payment of our invoice. We will report the filing with a copy of the official notice of filing in approximately 3 weeks.

There are 4 stages in the process of examining an application for registration:

If the trademark application has passed formality and substantive examination, the application will be preliminary approved and proceed to the three-month publication period, when any person may file and opposition against the trademark. If there is no opposition to the trademark application, the whole registration process will complete in approximately 9-12 months.

Normally, Taiwan Intellectual Property Office will finish the formality and substantive examination renders a decision in 6-9 months. Taiwan Intellectual Property Office may refuse the application and you have the option to apply for appeal to the Ministry of economic Affairs, High Administrative Court and Supreme Administrative Court. The time required for the application in such situation will be indeterminable. Otherwise, you may abandon the pending application at no extra-cost.

Validity period of registration

The day following the expiry date of the 3 months publication period shall serve as the date of registration.

Convention Priority

As Taiwan is a member of WTO, you can claim priority of trademark from any WTO contractual state if you have filed an application in another WTO or Paris Convention country within the last half year so that the Taiwan application will be deemed to be filed on the same day as the correspondence application. The application filed should include the certified convention priority document (together with its certified English translation). Priority number and date are required at the time of filing the application in Taiwan, while pertinent priority documents may be submitted as supplementary but within 3 months after the filing date.

Please download application form here.

If you require more information, please contact us at:

Telephone : (852) 2384 2288
Fax : (852) 3011 3245
Email : info@ebrand.com.hk
Address : Unit 1501, Jubilee Centre, 46 Gloucester Road, Wan Chai, Hong Kong.


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