FAQs

Compared to a single-class application, a multi-class application reduces the overall filling time since only one application and one copy of relevant attachments are required, the application procedures are thus simplified. Moreover, costs are also reduced because after the multi-class application is approved for registration, government fees related to the recordation of change, assignment, license or pledge will be calculated "per application". It should, however, be noted that:
filing fees, registration fees and renewal fees are calculated "per class" rather than "per application";
in dividing a trademark, the division fees for the increased trademarks and the fees for disputes resolution, if applicable, shall also be paid; and
in the case of a multi-class application, the issue of multiple priorities may arise.

In response to the provisions that allow one application to be designated for use on multiple classes, TIPO has, since January 1, 2002, implemented relevant supporting measures such as the system of multi-class application examination and case classification procedures, with an aim to maintain the examination period at eight to ten months. However, as a result of businesses becoming internationalized and diversified, emerging of new products, and new ways of trading Internet and peripheral goods and services, certain goods or services (such as the electronic industry and the service industry) need time to clarify their nature if they have multiple functions and fall under different industries. Therefore, the time needed to examine a multi-class application may be prolonged depending on the number of the designated goods, the number of the classes, the degree of complexity or the difference of nature of these goods. If available, any specific information provided by the applicant would shorten the time required to investigate the related evidence.

A trademark applicant that has been filed in a country mutually recognizing priority with the ROC, may claim priority within six months following the filing date of which the trademark application was first filed in the given country. The filing date of the trademark in the ROC shall be the date when the trademark was first filed in that foreign country (i.e. priority date). However, the claim of priority shall be made at the same time as the application is filed, and the application shall clearly indicate the filing date of the basic foreign application and the name of the foreign country accepting the basic application. In addition, the applicant shall submit, within three months from the date following the filing of the trademark application in the ROC, a certified copy of the basic application as accepted by the government of the particular foreign country in order not to forfeit the priority right.
Since our accession to the WTO on January 1, 2002, all member states of the WTO are entitled to claim priority in the ROC.

After adopting the multi-class application system, goods in different classes may be nominated for one application only. There will be no problem if the priority dates of the goods in different classes are the same. However, if the goods in different classes have different priority dates, TIPO's current computer system cannot overcome this problem either in practice or operation because it is still under integration. Therefore, it is better if claims for multiple priorities over goods in different classes are filed separately.

"R" is generally used in trade to refer to a registered trademark and "TM" is a sign which signifies the subject as a trademark. Any trademark right holder or a registered user may show either of them in his/her trademark. Thus, they have no distinctiveness and exclusivity. In consequence, neither of them can be used as part of a trademark sought to be registered.

Yes. Most countries recognize that where goods or services applying an identical trademark or similar trademarks are unlikely to cause confusion in the market and will not cause unfair competition, they may be registered or used by different people or business entities. In general, if the use of trademarks that are not well-known or are not of high originality for dissimilar goods by different manufacturers, they are unlikely to confuse consumers about the source of goods, thus may be filed separately.

Any word, figure, symbol, color, sound, three-dimensional shape or any combination thereof contained in a trademark shall be distinctive enough to allow a relevant consumer to identify the trade source of certain goods/services of a certain manufacturer or merchant and to distinguish such goods or services, and thus, is deemed to have distinctiveness. After a trademark is registered, the trademark right holder thereof enjoys the right to exclusively use the same and exclude the use by others. Therefore, a trademark as a whole must be distinctive. In case a trademark contains any descriptive or non-distinctive word or figure, the applicant may declare that such portion (word or figure) is not for exclusive use apart from the trademark to avoid being rejected, since that portion may arouse disputes over the right to use that portion exclusively after the trademark is registered. The applicant may make a disclaimer of exclusive use if any of the following conditions apply:
The trademark contains descriptive or non-distinctive word or figure;
Deletion of part of the wording or figure from the trademark will make the trademark incomplete; and
The applicant declares that the right to exclusive use of such portion shall not be made apart from the entire trademark.

Yes. Except for "trademark" and "goods or services designated for a trademark" which cannot be changed after the application for registration of the trademark has been filed, any change to the applicant's address or the representative during the proceeding of the trademark application may be made in writing stating such change.

Trademark registration adopts the "first to file" principle, so the granting of a filing date certainly affects another person's rights and interests. Once the applicant of a trademark application has clearly nominated "the trademark" and "the goods or services" sought to be registered, he/she may not randomly add or replace the goods or services thereafter. However, restriction or deletion of the goods or services is not subject to the rule because it is meant to reduce the scope of protection and therefore, will not affect another person's rights and interests.

If a trademark application has any unregistrable situation, TIPO will notify the applicant in writing to state his/her opinions. In response, the applicant may provide facts and evidence explaining the unlikelihood of confusion or the nonexistent of unregistrable condition.

After a trademark application is rejected by TIPO, the applicant may file for an administrative appeal with the Ministry of Economic Affairs through TIPO. With respect to the reasons of appeal, TIPO will first re-examine the rejected application to see if the decision is legal. If the administrative appeal is dismissed, the applicant may file an administrative suit of first with the Taipei High Administrative Court under administrative procedures. Subsequent appeal may be filed with the Supreme Administrative Court.

After a trademark application has been approved, the trademark registration shall not be published after payment of the registration fee has been paid. The payment should be made within two months from the date following the approval decision. The trademark rights related thereto are accorded on the date when the trademark registration is published, and the registration certificate is delivered by postal service immediately after the publication of the registration. Where the required fee for an approved trademark remains unpaid by the end of the stipulated period, the original approval shall be void.

The applicant may, at his/her sole discretion, select to pay the registration fee in one lump sum within two months from the day following the receipt of a notice notifying the trademark approval, or pay the registration fee in two installments. If the applicant chooses the latter, the first installment of the registration fee should be paid within two months from the day following the receipt of a notice notifying the trademark approval, and the second installment must be made within three months before the end of the third year, starting from the date of publication of the registration, if the applicant considers that the continuous use of the trademark is necessary.
For those who desire to pay the registration fee in installments, TIPO will notify them of the second installment payment before the expiration of the prescribed period.
For those who fail to pay the second installment, the trademark rights concerned shall be invalidated on the day following the expiration of the grace period for making the double payment (e.g. three years and six months calculating from the date when the trademark registration is published).

If the second installment is not made within three months prior to the expiration of the third year, a late fee in the same amount as the original's is charged, and the total amount must be made within six months upon the expiration of the said period.

The term of trademark rights is ten years from the date of publication of the trademark registration, which shall remain the same even if the registration fee is paid in installments. It should, however, be noted that if the second installment is not paid, such trademark right will be invalidated the day following the three years and six months period from the date when the trademark registration is published. For example, if the second installment for a trademark whose registration is published on January 1, 2004 is not made, the trademark rights thereto will be invalidated at 00:00 on July 1, 2007.

Except for "the trademark" and "the designated goods or services" which cannot be changed, any changes to the trademark right holder's contact information or the information of its representative may be updated at any time in a written letter stating such change.