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Securing a trademark in Taiwan is essential for businesses aiming to protect their brand in this competitive market. This guide provides a detailed overview of the trademark registration process in Taiwan, covering everything from preliminary searches to final registration.
Why Register a Trademark in Taiwan?
Taiwan’s strategic location and vibrant economy make trademark protection crucial. Registering a trademark in Taiwan provides legal security, prevents unauthorized use, and enhances your brand’s value.
Key Benefits:
- Legal Protection: Secures your brand against infringement.
- Market Presence: Strengthens your brand’s position in Taiwan.
- Exclusive Rights: Grants you the exclusive right to use the trademark.
Step-by-Step Process of Trademark Registration in Taiwan
Step 1: Conduct a Preliminary Trademark Search in Taiwan
A preliminary search helps determine if your desired trademark is available in Taiwan.
Time Estimate: 2-4 weeks
Step 2: File the Trademark Application in Taiwan
Submit your application to the Taiwan Intellectual Property Office (TIPO). The application must include:
- Application Form: Filled with applicant information and trademark details.
- Power of Attorney: Required if filed through an IP agent.
- Trademark Specimen: A sample of the trademark.
- Goods/Services List: Specify the goods/services under the trademark.
- Priority Document (if applicable): If claiming priority from a previous application.
Time Estimate: 1-2 weeks
Step 3: Examination by TIPO
TIPO conducts both formal and substantive examinations to ensure compliance with Taiwanese trademark laws.
Time Estimate: 9-12 months
Step 4: Publication and Opposition
Once the trademark passes the examination, it is published in the Official Gazette, allowing a three-month period for third-party opposition.
Time Estimate: 3 months
Step 5: Registration and Issuance of Certificate
If no opposition is filed, TIPO will issue a registration certificate. The trademark is valid for 10 years from the filing date and can be renewed indefinitely.
Time Estimate: 1-2 months
Total Time Estimate: 16-18 months (assuming no oppositions or refusals)
Costs and Fees for Trademark Registration in Taiwan
Understand the associated costs for trademark registration in Taiwan, including government fees, attorney fees, and additional expenses for opposition proceedings.
Common Pitfalls and How to Avoid Them
- Incomplete Applications: Ensure all documents are correctly filled out.
- Failure to Conduct a Preliminary Search: May lead to rejection.
- Missed Deadlines: Can result in loss of rights or additional costs.
First-to-File Principle
Taiwan operates under a “First-to-File” principle, meaning the first person or entity to file a trademark application will have priority over others, irrespective of prior use.
Why Choose ASL LAW for Your Trademark Registration in Taiwan?
Securing your brand in Taiwan requires expert guidance. ASL LAW offers comprehensive trademark registration services to ensure your trademark is protected.
References:
- Legal 500: Recognizes ASL LAW as a top-tier intellectual property firm covering ASEAN IP matters and international IP protection for their clients.
- WTR: Praises Lawyers Pham Duy Khuong and Do Ba Thich for their expertise in trademark registration and enforcement.
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.
