Select Country

Select a country to view information on local trademark law


Countries
A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
AIPO/OAPI  ARIPO 
EUIPO  WIPO

Services Firms

Check IP services firms here

Feedback

Please report us if any of this content needs an update


Law Firms and
IP Consultancies

For legal advice please contact:

Deep & Far
Taipei, Taiwan (TW)

More info

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Taiwan (TW)

Print this page
08-30-2016 (Newsletter Issue 15/16)
TIPO’s Names and Search Reference Revised
Taiwan Trademark Office announced that there have been changes made in the names and search reference for designated use of goods and services in applications for trademark registration. A total of 64 revisions, 6 deletions, and 17 additional revisions to names or notes on groupings were made. This was done to stay current with the Nice Classification (NSL 10-2016). These changes took effect on July 1, 2016.

The e-filing system were simultaneously updated. TIPO advises e-filers to download the changes to avoid inconsistency.

Source: www.tipo.gov.tw


11-25-2015 (Newsletter Issue 18/15)
Notice on Trademark Dispute Examination Procedures
The Taiwan Trademark Office (TIPO) announced on its website the “Notice on Trademark Dispute Examination Procedures” in order to accelerate the examination process of trademark dispute cases. TIPO stipulated the Notice to improve the examination procedures based on the situations commonly seen to delay the process in real practices.

The improvement measures include directly entering into the substantive examination phase ex officio without going through the procedure of Cross-examination and hearing. The Notice comprises matters relating to shortened examination time and effective management.

The related information was posted onto TIPO’s website on September 1, 2015.

Source: www.tipo.gov.tw


09-29-2015 (Newsletter Issue 15/15)
Trademark Related Regulations Amended
The Taiwan Trademark Office announced on its website that the Article 11 of Regulations Governing the Implementation of Filing Trademark Applications and Services by Electronic Means has been amended on July 13, 2015 to comply with deletion of Article 4.2 of Enforcement Rules of the Trademark Act requiring that the applicant be exempted from submitting the original copy of proof for rights of priority and exhibition priority. What follows is the text of the amended Article 11.

Article 11
The documents of proof to be submitted in an electronic trademark application may be replaced with the electronic version thereof prescribed by the Registrar Office, except for the original, the certified copy, or evidence submitted pursuant to the Act or the Enforcement Rules of the Act.

For the documents of proof submitted in electronic form pursuant to Paragraph 1, preliminary showing shall be made that the electronic files are identical to the original or the certified copy.

Whenever it deems necessary, the Registrar Office may require the user to submit the original or the certified copy of the electronic files prescribed under Paragraph 1 for verification.

Source: www.tipo.gov.tw


07-17-2012 (Newsletter Issue 11/12)
New Trademark Act Effective
Taiwan’s newly amended Trademark Act entered into force on July 1st 2012, a year after the promulgation date.

The new Trademark Act, among other things, enlarges the scope of protectable subject matter to allow all forms of sensory signs that are distinctive enough to identify goods or services from others to be registered as a trademark. Some forms of non-traditional symbols are exemplified in the trademark law, such as colours, three-dimensional shapes, motions, holograms and sound, but such examples are not exhaustive.

Under the recently published Examination Guidelines for Non-traditional Trademarks, a position mark that highlights a certain drawing, colour or three-dimensional symbol on a particular position of a product or location of a service provider may also be registered. Designs or decorations of a business location and product packaging are categorized as the same type of a three-dimensional shape, and will be examined under the same distinctiveness standard for trademarks. In addition, scent, taste and texture that bring a certain sensation to consumers are also taken into consideration under the Examination Guidelines.

Source: Tsai Lee & Chen, Taiwan


05-15-2012 (Newsletter Issue 8/12)
Amended Trademark Act Soon Effective
The Taiwan Trademark Office announce that the amendment to the Trademark Act will be effective on July 1, 2012. The amendment was promulgated on June 29, 2011.

Key points of the amendment are:
- Scope of protectable trademarks is extended: Protection to more non-traditional marks, such as motion and hologram marks
- Modes of trademark use are specified: Online trademark use
- Accepting priority rights based on exhibition
- Installment payment for registration fee is abolished
- Reinstatement of registration is available after failure to pay registration fee in time
- A letter of consent is no longer guaranteed to prevent citation of conflicting prior rights
- Proof of use of a trademark will be required to support a cancellation action based on a prior trademark registration
- New provisions have been added to enhance protection against trademark infringement and to strengthen enforcement of border control measures

For further information on the amendments, please click here

Source: Lee and Li, Attorneys-at-Law, Taipei, Taiwan,
Baker & McKenzie Taipei, Taiwan


04-02-2011 (Newsletter Issue 6/11)
Early Renewal Application Rejected
The Taiwan Intellectual Property Office (TIPO) has stated that if a trademark renewal application is filed more than six months before the expiration of the registration term, the application will be rejected.

According to the relevant provisions of the Trademark Act, an application for renewal of the term of trademark rights should be filed within six months before the expiration of the term; but in practice, the TIPO has never strictly enforced this provision. However, to avoid disputes, any application filed on or after September 1st, 2010 that does not comply with the provision will not be accepted.


Source: Lee and Li Attorneys at Law, Taiwan

03-01-2011 (Newsletter Issue 4/11)
Cross-Strait (Taiwan & China) IPR Agreement Signed
Since November 22nd, 2010, the trademark authorities of China and Taiwan have accepted trademark applications claiming priority based on a corresponding application filed on the other side of the Taiwan strait.
For further information please click here

Source: AFD China Intellectual Property, Beijing, China


02-24-2011 (Newsletter Issue 3/11)
Free Online Database
The Taiwan Intellectual Property Office (TIPO) has made the online search database of similar trademarks available free of charge to the public effective of January 1st, 2011.

To access the the database (Chinese version) please click here


02-01-2011 (Newsletter Issue 2/11)
Official Fees Changed
The Taiwan Intellectual Property Office (TIPO) has changed its official fees for trademark applications effective from February 1st, 2011.

For more information on the amended fees please click here


Legal basis is the Trademark Act, last amendment on November 30, 2016 and effective on December 15, 2016.
Trademark protection is obtained by registration.
Taiwan follows the first-to-file system.
Nice classification, 11th edition
In addition, there are national subclasses.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colours or colour combinations, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks and any combination of the mentioned signs. The newly effective Trademark Act includes motion and hologram as examples of protectable objects as well as position, scent, tactile and taste.
The following trademark types are registrable: trademarks for both, goods and services, collective marks, and certification marks.
The application is filed at the Trademark Office.
Multiple-class applications are possible.
Foreign applicants who have no domicile or business office in Taiwan need a local agent.
A non-legalised and/or notarised power of attorney is sufficient.
Foreign applicants do not need a domestic company/domicile registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 10 to 12 months.
After registration, the trademark is published in the official gazette.
National:
The opposition period is 3 months from publication date of the registration.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 3 years from registration, or has not been used later for a continuous period of at least 3 years without justifiable cause, the IP Office may, ex officio, or at the request of a third party, cancel the right to the exclusive use of the mark.

Further practical details are available in our publication on this topic here
The official filing fee in the classes 1-34 is TWD 3,000 per class for up to 20 goods, plus TWD 200 per item over 20 items of designated goods.
The official filing fee in the classes 35-45 is TWD 3,000 per class; while retail services of specific good in class 35 are designating, plus TWD 500 per item over 5 items of designated retail services of specific goods.
The official filing fee for a collective mark or certification mark is TWD 5,000 per application.
When filing for trademark registration in electronic format, the filing fee shall be reduced by TWD 300 per application.
The official registration fee is TWD 2,500 per class; payment by instalments is no longer permissible under the newly effective Trademark Act.
The registration fee for a collective mark or certification mark is TWD 2,500 per application; payment by instalments is also abolished.

Currency Converter   (Source for exchange-rates: bankenverband.de)
Find out how much this is in your own currency and convert!

Initial currency

Amount
left-to-right wrrow
convert into
Target currency

Amount

Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 330,00 € 280,00 € 
Word Mark Search (identical) 300,00 € 250,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
03-20-2017
Deep & Far, Taipei, Taiwan  

03-21-2016
Deep & Far, Taipei, Taiwan  

07-30-2013
Deep & Far, Taipei, Taiwan  

05-14-2012
Baker & McKenzie, Taipei, Taiwan

12-12-2011
AIPT, Zhonghe, Taiwan
Baker & McKenzie, Taipei, Taiwan



Deep & Far



C. F. Tsai

C. F. Tsai
13th F1., No. 27, Sec. 3, Chung San N. Rd.
104 Taipei
Taiwan (TW)
Tel +886 2 2585 6688
Fax +886 2 2598 9900
email@deepnfar.com.tw
www.deepnfar.com.tw

Deep & Far attorneys-at-law was founded in 1992 and is dealing with all phases of laws with a focus on the practice in separate or in combination of all aspects of intellectual property rights (IPRs) including patents, trademarks, copyrights, trade secrets, unfair competition, and/or licensing, counseling, litigation and/or transaction thereof.

The patent attorneys and patent engineers in Deep & Far normally hold outstanding and advanced degrees and are generally graduated from the top five universities in this country. Our prominent staffs are dedicated to provide the best quality service in IPRs in this country. As a proof, about one half of top 100 incorporations in this country have experiences of seeking patented their techniques, but more than one fifth of the top 100 incorporations has ever used services of this firm. Furthermore, Hi-Tech companies in the science-based industrial park located at Hsin Chu had ever played the most important role in booming the economy of this country. About one half of them has experiences in seeking patented their techniques, and out of more than 60% of the patent-experienced companies in that park have ever entrusted their IPR works to this firm. Certainly, we must also represent international giants, e.g. InterDigital, MPS, Schott Glas, Toyo Ink, Motorola…

Intellectual Office, MOEA
3F, No 185, Sec 2
Sinhai Road
Da-an District
Taipei City 106
Taiwan
Tel +886 2 27 38 00 07
Fax +886 2 23 77 98 75
Mail ipo@tipo.gov.tw
www.tipo.gov.tw