Taiwan is not only known for its natural beauty but also known as an “Asian dragon” with a developed economy in Asia. In addition to the fast development of modern commerce, engineering, and electronics, Taiwan also experiences tremendous growth in vocations that rely primarily on abundant natural resources like agriculture, forestry, and fisheries. As a result, this fat market is expected to attract many investors. Finding a method to secure trademark protection in this nation is, in particular, the first step for these investors.
The term “trademark,” also known as “brand,” indicates that a particular source of products or services a firm provides differs from those of other businesses. To avoid misunderstanding, safeguard trademark owners’ interests and those of customers, stop unfair business activities, and provide a conducive environment for the growth of industrial or commercial companies.
According to Taiwanese law, registering a trademark allows associated parties to prevent others from using the same mark or the right to transfer the mark to others. Trademarks can take on various forms, such as holographic, color, and sound markings, in addition to the more conventional ones attached to goods or their packaging and containers.
Trademark registration process in Taiwan
- Formality Examination: The Taiwan IP Office must conduct a “Formality Examination” after receiving a trademark registration application to determine if the application can meet the formal criteria.
- Substantive Examination: If the Taiwan Intellectual Property Office determines that your application does not fulfill the registrable conditions, they will assess it on an absolute and relative basis and reject it.
Note: If the applicant’s trademark registration application cannot be granted, the Trademark Examiner must issue a rejection notification. The applicant is given a chance to argue their case or provide amendments to the product/service description. The applicant will typically be given one or two chances to refute any outstanding concerns.
- Registration: The trademark examiner will issue an Approval Decision after the Taiwan IP Office determines that the trademark registration application meets the requirements to be authorized. The applicant must pay the registration cost within two months. The Taiwan IP Office will then award the trademark and publish it in the Trademark Gazette. The applicant will also receive a trademark certificate.
- Opposition: Within three months after the day the trademark was published in the Trademark Gazette, anybody has the right to file an opposition to registering a trademark with the Taiwan IP Office. A mark that specifies products or services or is similar to an earlier registered mark may be the basis for an objection.
Period to Oppose
The application process includes formally examining distinctiveness (absolute grounds) and searching for prior trademarks. If the examination yields favorable results, the trademark will be registered and publicized in the Trademark Gazette. Any interested party may then submit an objection against a trademark application in Taiwan within three months of the publication date.
Validity Term
The Taiwan Trademark Act states that trademark rights are valid for ten years after registration. By submitting a request to register the renewal of the duration, trademark rights may be extended for an additional 10 years.
When five years have passed since the date of registration and creation of trademark rights or the date of registration to extend the duration, trademark rights will expire if the applicant does not pay a trademark registration fee or the remaining balance within the applicable term.
Requirement of use
A trademark may be subject to cancellation in Taiwan if it has not been used within 3 years from registration.