Trademark Filing and Registration in Taiwan
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In Taiwan’s competitive business landscape, protecting a brand’s identity is a vital legal and commercial step. Trademark Filing and Registration in Taiwan provides exclusive ownership and enforcement rights to businesses over their logos, names, and distinctive signs. The process, administered by the Taiwan Intellectual Property Office (TIPO) under the Ministry of Economic Affairs, ensures that registered trademarks gain nationwide protection for ten years from the date of registration, renewable indefinitely. Understanding the procedure and compliance under Taiwan’s Trademark Act is essential for both local and foreign entities seeking to safeguard their intellectual property assets effectively.
The procedure for trademark application filing and registration in Taiwan follows a defined legal process overseen by TIPO. Applications may be filed directly by the owner or through an authorized trademark agent in Taiwan. The applicant must provide details such as the representation of the mark, list of goods or services under the Nice Classification, and the applicant’s name and address. Once the application is submitted, it undergoes a formal examination to confirm compliance with filing requirements and a substantive examination to ensure distinctiveness and absence of conflict with prior marks. Successful applications proceed to publication for opposition before registration is granted.
The governing law for trademark registration in Taiwan is the Trademark Act, enforced by TIPO. The Act defines trademarks as any sign capable of distinguishing the goods or services of one enterprise from those of others, including words, designs, symbols, colours, three-dimensional shapes, and sound marks. TIPO serves as the sole authority responsible for examination, registration, opposition, and renewal. Taiwan also provides protection for well-known foreign trademarks, even if they are not registered locally, in line with international conventions such as the Paris Convention for the Protection of Industrial Property.
The trademark registration process in Taiwan involves several sequential stages:
1. Pre-filing Search: Though optional, conducting a prior trademark search helps assess potential conflicts.
2. Filing Application: The application is submitted in Mandarin Chinese through TIPO’s online system or in paper form.
3. Examination: TIPO examines the mark for compliance with formal and substantive requirements.
4. Publication for Opposition: If accepted, the mark is published in the Trademark Gazette for a three-month opposition period.
5. Registration and Certificate Issuance: If no opposition is filed, the mark proceeds to registration and the certificate is issued.
6. Renewal: Registration is valid for ten years and may be renewed for successive ten-year periods.
Businesses seeking to register a brand name in Taiwan must ensure that their chosen name is distinctive and not descriptive or misleading. Descriptive terms or common trade expressions are generally rejected by TIPO. A distinctive brand name, supported by prior searches and proper classification, strengthens a company’s market position and prevents infringement disputes. Both local companies and foreign applicants without a domicile in Taiwan must appoint a licensed trademark agent for the registration process.
The process of company logo registration in Taiwan follows similar steps as standard trademark registration. Logos can include figurative, colour, and composite marks that visually distinguish one business from another. It is advisable for companies to file both word marks and logo marks to obtain comprehensive protection. Once registered, the logo grants its owner exclusive rights to use and prevent others from using similar visual signs that could cause consumer confusion.
The trademark cost and trademark registry fees in Taiwan are relatively moderate compared to other jurisdictions in Asia. TIPO’s standard filing fee is calculated based on the number of classes and items per class. Electronic filing usually attracts a reduced fee compared to paper submissions. Additional costs may arise for translation, agent representation, and responses to office actions or oppositions. Maintaining transparent fee structures ensures cost efficiency for both local and international applicants.
Once registered, trademark renewal and maintenance in Taiwan are crucial to ensure continued legal protection. Renewal applications must be filed within six months before the expiry of the registration or during the six-month grace period following expiry, subject to a surcharge. Owners must continue using the trademark in Taiwan; non-use for three consecutive years may result in cancellation. Regular monitoring and timely renewal filings preserve a brand’s validity and exclusive rights.
Trademark infringement and enforcement in Taiwan are governed by the Trademark Act and related civil and criminal procedures. Infringement occurs when an unauthorized party uses an identical or similar mark on identical or similar goods or services, leading to confusion. Remedies available to trademark owners include injunctions, damages, seizure of counterfeit goods, and criminal penalties for wilful infringement. The Intellectual Property and Commercial Court (IPCC) has jurisdiction over such disputes, ensuring efficient enforcement of IP rights.
Ensuring trademark protection in Taiwan involves not only registration but also proactive monitoring, opposition, and enforcement. Businesses should monitor new filings through TIPO’s database to identify potential conflicts. Filing oppositions during the publication phase or initiating invalidation actions against infringing marks are standard defensive strategies. Foreign companies operating in Taiwan often rely on local legal counsel to manage ongoing compliance and dispute resolution under Taiwanese IP laws.
With extensive experience in international intellectual property matters, Kayser & Co provides comprehensive support in filing, registration, renewal, and enforcement of trademarks in Taiwan. The firm assists domestic and foreign entities in navigating the procedural requirements before TIPO, ensuring compliance with Taiwan’s Trademark Act and protection aligned with business objectives.
A registered trademark in Taiwan is valid for ten years from the registration date and may be renewed indefinitely for additional ten-year periods.
Foreign applicants without a local domicile must appoint a licensed trademark agent in Taiwan to represent them before TIPO.
The process typically takes 8–12 months, depending on examination timelines and whether any oppositions are filed.
Penalties include civil damages, injunctions, and criminal fines. The IP and Commercial Court enforces these remedies to deter infringement.
Yes, TIPO allows registration of non-traditional marks such as three-dimensional, sound, and colour marks if they are distinctive and capable of graphical representation.