1.       Trademark Pre-filling Search

Before applying to register a trademark, it is advisable to find out if someone else has already registered or has applied to register the same or similar trademark with the applicant’s.( Please refer to Kaizen’s article for further details: https://www.kaizencpa.com/Knowledge/info/id/572.html ) It can minimize risks of rejection and increase the chance of successful registration. With respect to the results of the trademark pre-filling search, the applicant may assess whether to apply for such trademark or to make modifications or adjustments.

2.       Filling Application

Completed the Trademark Pre-filling Search, the applicant may independently or authorize a legally established trademark agency to submit an application. The application documents include:

(1)	A duly completed registration form.
(2)	A clear graphical representation of the trademark.
(3)	A signed Power of Attorney (if applicant authorize an agency).
(4)	Priority documents. Documents can be filed within 3 months after the date of the application (when priority is claimed).

3.       Examination

After submitting the application, the Taiwan Intellectual Property Office (TIPO) will conduct formality examination and substantive examination. Formality examination is to examine the format of the application documents, mainly confirms whether the application is filled in according to the rules, whether the trademark presentation conforms to the specifications, whether the certification documents are completed. In the substantive examination, TIPO will see whether the trademark application satisfies the registration requirements laid down in the Taiwan Trademark Law. They will also conduct a search on their database and see if the same or similar trademark has already been registered or been applied for by another trader in the same class or similar goods/services.

4.       Publication and Registration

If the trademark meets all the requirements, TIPO will issue a notice of acceptance and the applicant must pay the registration fee within a specified period. After the payment, the trademark will be published by TIPO. Any interested parties who believe that the trademark violates relevant provisions may file an opposition to TIPO within 3 months from the date of publication. If there is no opposition filed during the publication period or if the opposition is rejected by TIPO, the trademark becomes effective. Afterwards, TIPO will issue a registration certificate to the applicant. Currently it takes around 9 - 12 months from filing the application until registration in a smooth case. The flow chart of the whole process is demonstrated below:

Trademark Pre-filling Search (<15 days)	→	Filling Application	→	Examination (5-7 months)	→	Pay Registration Fee	→	Publication (3 months)
								↓
								Issue Registration Certificate

5.       Term and Renewals

(1)	The trademark shall be valid for 10 years from the date of registration.
(2)	If the registrant would like to extend the trademark protection period, a request for renewal shall be made within 6 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.