As a leading business hub in East Asia, Taiwan offers significant opportunities for foreign companies. Protecting your intellectual property with trademark registration in Taiwan is crucial for brand security. This guide covers the procedure of trademark application in Taiwan, including the necessary steps and documents.
What Can Be Registered as a Trademark in Taiwan?
A trademark in Taiwan includes any sign that distinguishes the goods or services of one entity from those of another. Eligible signs include:
- Words, logos, or symbols
- 3D designs or shapes
- Colors, sounds, and other non-conventional marks
Key Documents Required for Trademark Application in Taiwan
To file a trademark application in Taiwan, the following documents are required:
- Trademark Application Form: Submitted to the Taiwan Intellectual Property Office (TIPO).
- Trademark Specimen: A clear representation of the trademark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: Required if the application is filed through a representative.
Step-by-Step Procedure for Filing a Trademark Application in Taiwan
1. Filing the Application
Submit the application either online via TIPO’s system or by paper.
2. Formality Examination
TIPO conducts a formality check to ensure all documents are correct.
3. Substantive Examination
TIPO conducts a substantive examination to assess whether the trademark meets legal requirements for distinctiveness.
4. Publication and Opposition
If the application is approved, the mark is published in the Taiwan Trademark Gazette for a three-month opposition period.
5. Registration
If no oppositions are filed, the trademark is registered, and a Certificate of Registration is issued.
Duration and Renewal of Trademark Protection in Taiwan
Once registered, a trademark in Taiwan is valid for 10 years from the registration date and can be renewed for additional 10-year periods. The renewal must be filed six months before expiration.
Common Pitfalls in Trademark Registration in Taiwan
- Similarity to Existing Marks: Taiwan has strict rules against registering marks that are too similar to existing trademarks.
- Non-use Cancellation: Registered trademarks can be canceled if not used within three years of registration.
Why Choose ASL LAW for Your Trademark Registration in Taiwan?
With expertise in Taiwanese IP law, ASL LAW provides comprehensive support for trademark registration in Taiwan, helping foreign businesses navigate the complex system and secure their brands.
Conclusion
Understanding the procedure of trademark application in Taiwan is crucial for foreign businesses. Partnering with ASL LAW ensures smooth registration and complete protection of your intellectual property.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.