Tiếng Việt
中文 (中国)
日本語
Registering a trademark in Taiwan is crucial for businesses looking to protect their brand in this highly developed market. Taiwan operates under a well-established intellectual property system, ensuring strong protection for trademarks. This guide will provide a detailed overview of Taiwan trademark registration, including document requirements and the step-by-step process.
What Qualifies as a Trademark in Taiwan?
A trademark in Taiwan can include any visible sign that distinguishes the goods or services of one entity from another. Eligible signs for trademark registration in Taiwan include:
- Words or letters
- Logos or symbols
- 3D designs or shapes
- Colors or combinations thereof
To qualify for registration, the trademark must be distinctive and must not conflict with any existing registered marks.
Essential Documents for Registering a Trademark in Taiwan
To register a trademark in Taiwan, you must prepare the following documents:
- Trademark Application Form: Filed with the Taiwan Intellectual Property Office (TIPO).
- Trademark Specimen: A clear representation of the mark.
- List of Goods and Services: Classified under the Nice Classification system.
- Power of Attorney: Required if filed by a representative.
- Fee Payment Receipts: Proof of payment for the required fees.
Foreign applicants must file through a local intellectual property representative in Taiwan.
Methods of Filing a Trademark Application in Taiwan
There are two ways to file a trademark application in Taiwan:
Paper Filing
Submit the application directly to the Taiwan Intellectual Property Office (TIPO) or through a local agent.
Online Filing
TIPO provides an online filing system for trademarks, allowing applicants to submit documents electronically. Foreign applicants must file through a local representative.
Step-by-Step Trademark Registration Process in Taiwan
The trademark registration process in Taiwan typically takes around 12 to 18 months, depending on the case. Below are the key stages:
- Filing the Application: Submit the required documents to TIPO.
- Examination: TIPO conducts a formal examination to ensure all requirements are met, followed by a substantive examination (6-8 months).
- Publication: The trademark is published in the IP Gazette for opposition (3 months).
- Opposition: If no oppositions are filed, or if the opposition is resolved in favor of the applicant, the trademark proceeds to registration.
- Registration: The trademark is registered, and the certificate of registration is issued.
The Importance of Conducting a Trademark Search Before Filing
Before submitting your trademark application in Taiwan, it is advisable to conduct a trademark search. This will help you identify any potential conflicts with existing trademarks and avoid possible rejection.
A trademark search will:
- Identify existing trademarks that may conflict with your proposed mark.
- Ensure that your mark is distinctive and unique.
- Help you avoid delays or legal disputes.
Why Trademarks in Taiwan Get Rejected
Common reasons for trademark rejection in Taiwan include:
- Lack of Distinctiveness: Marks that are too generic or descriptive may be rejected.
- Similarity to Existing Marks: If the mark is too similar to an already registered trademark, it may be rejected to avoid consumer confusion.
Duration and Renewal of a Trademark in Taiwan
Once registered, a trademark in Taiwan is valid for 10 years from the date of registration. The trademark can be renewed indefinitely, provided that renewal fees are paid every 10 years.
Why Choose ASL LAW for Your Trademark Registration in Taiwan?
ASL LAW provides comprehensive support for trademark registration in Taiwan, ensuring a smooth and successful registration process. Our experienced team will guide you through every step and resolve any potential issues that may arise during the application.
References:
- Legal 500: Recognizes ASL LAW as a leading intellectual property firm for managing IP matters in ASEAN and Taiwan.
- WTR (World Trademark Review): Highlights Lawyers Pham Duy Khuong and Do Ba Thich for their expertise in trademark law and enforcement across Taiwan and other regions.
Conclusion
Registering a trademark in Taiwan is a critical step in protecting your brand and intellectual property in one of Asia’s most developed markets. By following the steps outlined in this guide and working with professionals like ASL LAW, you can ensure your trademark is properly registered and protected for the long term.
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.
