(From Ministry of Foreign Affairs website – Regional index)
Useful information when protecting trademark rights in Taiwan (Republic of China) is presented below.
It is our hope that our clients will find this page helpful in protecting their intellectual property overseas.
< Approximate time from application to registration of trademarks in the USA >
It takes approximately 8 months from the date of filing to the date of registration or issuance of a decision of refusal.
2. Trademark System in Taiwan
(1) Application Route
Priority can be claimed based on a Japanese trademark application since Taiwan is a member country of the WTO.
*Taiwan has not acceded to the Madrid Protocol.
(2) Application Language
(3) Type of Trademarks
Characters, figures, signs, colors, 3D shapes, movements, holograms, sounds, and combinations thereof.
*Defensive mark registration is not available.
*Multiple-class application is available.
(4) Subject of Protection
Goods, services, certification marks, and collective marks.
(5) Classification of Trademark
The international classification is employed.
*Taiwan has not acceded to the Nice Agreement.
(6) Documents and Information Necessary for Application
- • Power of Attorney
- * Notarization/legalization is unnecessary.
- *Submission can be made within 3 month from the date of application.
- • Priority certificate (together with a Chinese translation thereof)
- • Sample of trademark
- • Designated goods or designated services and classifications thereof
- • Applicant
- • Presence of priority claim
(7) Application Publication
Applications are not published.
(8) Opposition System
Anyone can raise an opposition within 3 months from the date on which registration of the trademark in question is published.
After formality examination, substantive examination is made in regard to all registration requirements.
(10) Invalidation Trial System
The invalidation trial system is available.
(11) System for Cancellation of Registered Trademark Not In Use
A registered trademark not in use may be cancelled. In a case where a registered trademark is not used for 3 consecutive years for no legitimate reason, such a registered trademark may be cancelled by a trial for cancellation of registered trademark not in use.
(12) Duration of Trademark Right
10 years from the registration date (renewable for every 10 years)