Taiwan Trademark Registration

In Taiwan, trademark rights arise mainly through registration, as it is a “first-to-file” jurisdiction. This means that, in principle, you must register your trademark in order to obtain rights. Only in exceptional cases can well-known trademarks be protected even if they have not yet been filed.

Trademark applications are filed with the **Taiwan Intellectual Property Office (TIPO):
TIPO

Some key practical points from the filing system:

• Prior use is not required to obtain registration, but prior use may help overcome objections based on lack of distinctiveness, by supporting acquired distinctiveness.
• By default, logo/device marks are filed without a color claim. If you wish color to be claimed as a distinctive feature, you must instruct that this be done, and additional charges may apply.
• If you register a combined mark (word + figurative elements), the exclusive right is limited to that exact configuration. If you want to use/protect the word part or the logo separately, it is advisable to file additional trademarks for those elements alone.

To register a trademark in Taiwan, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time for a straightforward trademark application to proceed to registration in Taiwan is around 6 months.

This is an estimated processing time, based on current timeframes, and may vary considerably depending on the case.

Once the application has passed examination and is accepted for registration:

• The grant of registration is published.
• This publication marks the start of a three-month period during which third parties may file an opposition.

Regarding term and renewal:

• A Taiwanese trademark is registered for 10 years from the registration date.
• It can then be renewed indefinitely for further periods of ten years.
• Renewal can be requested from six (6) months before expiration up to six (6) months after expiration.
  • If the renewal is filed after the expiration date, additional fees will apply.

Yes. If a third party attempts to register or use a mark for similar goods or services that includes a primary or distinctive portion of your trademark, you may oppose the application based on confusing similarity.

Procedure and timing:

• After the application is accepted and the registration grant is published, third parties have three (3) months to file an opposition.
• The probability of success for an opposition varies case by case, depending on the specific circumstances.

• Use is not required before filing or for the mark to be registered in Taiwan.
• However, if a registered trademark is not used:
  • During the three years following registration, or
  • During any period of three consecutive years,
    it becomes vulnerable to cancellation actions based on non-use.

Prior use, while not mandatory for registration, may be helpful to show acquired distinctiveness if the mark initially lacks distinctiveness.