Taiwan Trademark
Examination period
4 – 6 months
4 – 6 months
Substantive examination
Yes
Yes
Protection term
10 years
10 years
Opposition after grant
3 months
3 months
Renewal period
6 months
6 months
Procedure
|
Filing
Application is filed 1 month
Substantive Examination
Application is being examined Office Action (OA) may be issued in examination Reply in response to the Office Action within 2 - 4 months 6 – 8 months
Acceptance
A Notice of Allowance (NoA) will be issued Issue Fee shall be paid within 3 months upon date of receipt 1 – 2 months
Registration
A certificate is issued |
* The time frame shown above indicates average processing time of the TIPO, it can be varied from the actual situation due to the content of application. |
Key Facts
Application via Madrid Protocol
No, Taiwan is not a member of the Madrid Union; hence, a trademark cannot be applied for protection through Madrid Protocol.No, Taiwan is not a member of the Madrid Union; hence, a trademark cannot be applied for protection through Madrid Protocol.
Registrable types of trademark
Word, design, symbol, color, three-dimensional shape, motion, hologram, sound, or any combination thereof
Type of application
Standard trademark, collective trademark, collective membership mark, certification mark
Limitation on numbers of items
For Class 1 – 34: up to 20 items of designated goods, additional fee will be applied on each excess item
For Class 35: up to 5 items for designated service items relating retail services, additional fee will be applied on each excess item
For Class 36 – 45: no limitation
International Priority ClaimFor Class 35: up to 5 items for designated service items relating retail services, additional fee will be applied on each excess item
For Class 36 – 45: no limitation
Priority can be claimed based on application first filed in any member state of the World Trade Organization (WTO) or countries having reciprocal recognition with Taiwan within 6 months from the filing date of said application.
Exhibition Priority Claim
Priority can be claimed based on a trademark displayed at an international exhibition which was held or officially recognized by the Taiwan Government within 6 months from the first day of said exhibition, provided that the goods or services such trademark relates in the exhibition is consistent with the intend-to-file application.
Opposition
Any third party can file an opposition to a registered trademark within 3 months from the publication of the registration.
Invalidation
Only party in interest can file an invalidation against a trademark registration within 5 years from the date of registration of the trademark, on the basis that such registration imposes the party’s right and benefits and is an unjust grant which against the Trademark Act.
Cancellation (revocation)
Any third party can file a cancellation to revoke a registered trademark based on the ground of non-use of the trademark for a consecutive period of 3 years.
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FAQ
What do I need to file a trademark application in Taiwan?
Following documents are required for filing an application in Taiwan:
- Executed Power of Attorney (electronic copy will suffice)
- Certified copy of priority application (electronic copy will suffice), if priority is claimed
- Name and address of the applicant
- An image file of the mark (in jpg, png or pdf format)
- International classification and specification of designated goods/services
Rest assured that we will help to prepare the documents and make sure all the necessary documents are in good order to avoid any formality rejection.
Do you conduct a prior search before filing a trademark application?
Yes, we will perform a prior search for our client to ensure the availability of an intend-to-file trademark and this is a complimentary service.
If a detailed analysis on trademark availability and risk is required, it can be provided with charge.
If a detailed analysis on trademark availability and risk is required, it can be provided with charge.
How long does it take for a trademark application to be granted?
If no objections/rejections are raised to a trademark application, it usually takes 6 – 8 months to be registered.
Can I include a goods/services item that is not specified in the International Classification in my application?
Yes, it is possible to include a goods/services item that is not specified in the International Classification in a trademark application, provided that it is definite in terms of nature, function and material.
As the TIPO indeed has its own classification developed from the International Classification, it is wise to entrust local professional to ensure the specification of goods/services is consistent with local practice so that the scope of protection of a trademark application will not be defective.
As the TIPO indeed has its own classification developed from the International Classification, it is wise to entrust local professional to ensure the specification of goods/services is consistent with local practice so that the scope of protection of a trademark application will not be defective.
We will always assist our client to check the specification of goods/services to assure it accord with local practice and this is one of our bonus services!
Does the Taiwan Intellectual Property Office (TIPO) accept filing in multiple classes?
Yes, the TIPO accepts multi-class application, in which a trademark can be filed as an application designating multiple classes. Please however note that, filing fee, registration fee and renewal fees are still charged at a class-by-class basis.
What are the advantages of filing a multi-class application?
Multi-class application is comparably cost and time saving as it reduces overall processing time for examination and fees for some post-registration procedures, such as recordation of change, assignment, license or pledge.
However, there is a possibility where cost spent on such application is increased. Specifically, a fee for dividing the application by class may be needed when one of the class in a multi-class application is rejected while the other classes are allowed.
However, there is a possibility where cost spent on such application is increased. Specifically, a fee for dividing the application by class may be needed when one of the class in a multi-class application is rejected while the other classes are allowed.
Multi-class application simplifies the procedures but can be troublesome under some circumstances, hence it is important to use the right tool for the right job. Being a professional and experienced practitioner, Champion IP will always consider your demand and tailor the best filing strategy for you.
How long can a trademark protection last?
A registered trademark is valid for 10 years from the date of registration and can be renewed indefinitely within 6 months before the expiry date of the current period of registration.
Do I need a trademark attorney to file my application?
Yes. For foreign applicant, it is mandatory to designate a qualified trademark attorney to file trademark applications.
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one class
additional fee in excess of 20 items of goods/services
discount for additional class