1.      Trademark Registration Authority

Taiwan Intellectual Property Office (TIPO)

2.      Signed International Treaties for Trademarks

Nil

3.      Principles for Trademark Protection

(1)

Registration principles. Article 2 of Taiwan Trademark Law stipulates that “Those who wish to acquire the right of trademark, certification mark or group mark shall apply for registration in accordance with this law.” This indicates that the exclusive right of a trademark is obtained by registration in Taiwan. If a registered trademark is used by someone without authorization/license, the trademark owner can rely on his right to the trademark and sue the other party for trademark infringement. If an unregistered trademark is applied for registration by others in bad faith, the original trademark owner is entitled to raise an opposition within the announcement period but has no right to file infringement action. Further, if an unregistered well-known trademark is used by someone else without authorization/license and cause misleading, the original trademark owner can raise an action under the Anti-Unfair Competition Law.

(2)

First-to-file principles. Taiwan Trademark Law protects the trademark registration which is first filed. Article 36 of the Trademark Law justifies the fair use of the registered trademark in order to avoid impeding free market competition and adjust the conflict between first-to-register principle and first-to-use principle. (Fair use/Bona fide first use)

4.     Types of Registered Trademarks

Any distinctive words, graphics, symbols, colours, three-dimensional shapes, motions, holograms, sounds, etc., or their combination, may be applied for trademark registration. In addition, special trademarks such as certification mark, group mark or group trademark right are also protected by Taiwan Trademark Law.

5.      Required Application Documents

(1)	Applicant’s name, address and nationality/ Company’s name, registered address, country, representative’s name;
(2)	A clear graphical representation of the trademark;
(3)	An applicant’s Taiwan service address;
(4)	A translation and interpretation of the trademark (if the trademark contains foreign language);
(5)	A signed Power of Attorney (if applicant authorizes an agency);
(6)	Priority documents (when priority is claimed).

6.      Timeframe and Procedures for Application

If an application goes smoothly, it takes around 9-12 months from filing the application to registration. Among the whole process, it takes 5-7 months from filing the application to issuing the notice of approval by TIPO, the applicant shall pay the registration fee. After the payment, the trademark will be published for 3 months. If no opposition is filed, a registration certificate will be issued within 1-2 months after the end of publication.

7.      Term and Renewals

The trademark registration in Taiwan is valid for 10 years from the date of the registration, which can be renewed every 10 years. If the registrant would like to extend the trademark protection period, a request for renewal shall be made within 12 months before the expiry date. Where no request has been filed within the said period, a grace period of 6 months may be allowed. If the request is not filed within the grace period, the registration will be cancelled.

8.       Non-use Cancellation  

If a registered trademark has not been formally used in Taiwan by the owner or licensee on the goods/services for which it is registered for a continuous period of at least 3 years, any third party shall have the right to apply for cancellation of a registered trademark.