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Home > IP PROCEDURE > Trademark Systems

Trademark Systems

Taiwan

Trademark

 
I. GENERAL
A. Right Afforded by registration
First to file principle.
Registration is mandatory to establish rights. 
B. Time Frame for Obtaining Registration
About 10 to 12 months for a regular prosecution without opposition.
About 8 to 10 months via fast-track mechanism 
C. Requesting 
Neither actual use nor intent to use is required for application;
No Legalization, No Notarization.
 
II. PRE-FILING
A. Registrable Trademarks
A trademark shall refer to any sign with distinctiveness
Words;
Designs;
Symbols;
Colors;
Three-dimensional shapes;
Motions;
Holograms;
Sounds.
In addition to regular trademark registrations, the following types of trademarks are registrable:
Collective marks;
Certification marks;
Service marks.
B. Searching
Pre-filing search is not mandatory but it is recommended.
 
III. FILING
A. Requirements
Name of the applicant;
Address of the applicant;
Country of applicant;
Description of trademark;
Representation trademark;
List of goods/services;
Power of attorney.
B. Priority
An application filed in any of the WTO member countries within the latest six months (The corresponding application should be the one first filed for the mark around the world).
C. Classification
Nice Classification System
One application can cover multiple classes of goods or services.
 
IV. RENEWAL 
10 years from the publication date of registration
The duration of each renewal is 10 years.
A request for renewal should be made within 6 months before the date of expiry of the period of the trademark right. 
The number of times of renewals is not limited. 
 
V. OPPOSITION 
Within 3 months from the publication date of registration. 
 
VI. INVALIDATION 
An invalidation petition shall be filed within 5 years from the date of registration, except that the registration was applied in bad faith or in violation of certain articles.  
 
VII. REVOCATION 
The trademark registration may be revoked if the trademark has not yet been put to use or such use has been suspended for a continuous period of not less than 3 years without proper reasons for non-use. 
 
VIII. APPEAL 
In disagreement with the IPO’s decision, an appeal can be filed with the MOEA within 30 days from the receipt of the IPO’s decision.      
 
IX. ADMINISTRATIVE LITIGATION 
  
In disagreement with the MOEA’s decision, an administrative suit can be instituted with the IPC within 2 months from the receipt of the MOEA’s appeal decision.
In disagreement with the IPC’s decision, an ultimate appeal can be instituted filed with the Supreme Administrative Court within 20 days from the receipt of the IPC’s decision.
Trademark Practice of Taiwan
 
I. GENERAL
A. Right Afforded by registration
First to file principle.
Registration is mandatory to establish rights. 
B. Time Frame for Obtaining Registration
About 10 to 12 months for a regular prosecution without opposition.
About 8 to 10 months via fast-track mechanism 
C. Requesting 
Neither actual use nor intent to use is required for application;
No Legalization, No Notarization.
 
II. PRE-FILING
A. Registrable Trademarks
A trademark shall refer to any sign with distinctiveness
Words;
Designs;
Symbols;
Colors;
Three-dimensional shapes;
Motions;
Holograms;
Sounds.
In addition to regular trademark registrations, the following types of trademarks are registrable:
Collective marks;
Certification marks;
Service marks.
B. Searching
Pre-filing search is not mandatory but it is recommended.
 
III. FILING
A. Requirements
Name of the applicant;
Address of the applicant;
Country of applicant;
Description of trademark;
Representation trademark;
List of goods/services;
Power of attorney.
B. Priority
An application filed in any of the WTO member countries within the latest six months (The corresponding application should be the one first filed for the mark around the world).
C. Classification
Nice Classification System
One application can cover multiple classes of goods or services.
 
IV. RENEWAL 
10 years from the publication date of registration
The duration of each renewal is 10 years.
A request for renewal should be made within 6 months before the date of expiry of the period of the trademark right. 
The number of times of renewals is not limited. 
 
V. OPPOSITION 
Within 3 months from the publication date of registration. 
 
VI. INVALIDATION 
An invalidation petition shall be filed within 5 years from the date of registration, except that the registration was applied in bad faith or in violation of certain articles.  
 
VII. REVOCATION 
The trademark registration may be revoked if the trademark has not yet been put to use or such use has been suspended for a continuous period of not less than 3 years without proper reasons for non-use. 
 
VIII. APPEAL 
In disagreement with the IPO’s decision, an appeal can be filed with the MOEA within 30 days from the receipt of the IPO’s decision.      
 
IX. ADMINISTRATIVE LITIGATION 
  
In disagreement with the MOEA’s decision, an administrative suit can be instituted with the IPC within 2 months from the receipt of the MOEA’s appeal decision.
In disagreement with the IPC’s decision, an ultimate appeal can be instituted filed with the Supreme Administrative Court within 20 days from the receipt of the IPC’s decision.