With an international reputation for producing high-end electronics, Taiwan has attracted importers from all over the world for decades. But it is also a rich consumer market, oriented towards high-quality foreign brands. All this makes Taiwan an attractive place to develop international business relationships – whether you are a technology company, importer or exporter.
For importers, it is crucial to register trademarks in Taiwan, which not only provides brand protection. Above all, it allows them to maintain control over their own branded production. In the context of Taiwan’s demanding consumers, strong trademark protection is the basis for success in the market, ensuring trust and brand recognition, creating international reach and character.
Registering a trademark in Taiwan is essential to securing business with partners in Taiwan, no matter what kind of business you are in. If you are a technology importer, having a trademark protection certificate in hand keeps you in control of your production and sales channels. You control also exports desinations under your brand and international distribution. And if you are selling to Taiwan, your trademark protection certificate may be essential to enter sales channels, especially e-commerce.
In Taiwan, companies, business persons, individuals, both local and from abroad, can apply for trademark protection. Associations and NGOs are also entitled to this right.
You can do a search in the Taiwan Intellectual Property Office database.
Applying for trademark protection directly to the Taiwan International Patent Office (TIPO) rather than through WIPO has several advantages.
First, it is faster because TIPO begins processing the application as soon as it receives it. If the application is filed through WIPO, the first few months will be spent by WIPO processing the application, and WIPO will eventually forward the application to TIPO.
Secondly, direct filing makes it possible to tailor the application in terms of the choice of products and services.
A third important advantage is that by filing locally, you immediately choose your local attorney who will act immediately if your application is refused. When you file a WIPO application, you do not have to select a representative, so if, for example, your application is refused and the deadlines expire, you do not have anyone to file an appeal with. All you have to do is find one.
Typically, the following documents are required: proof of the applicant’s identity or English company documents if the applicant is a business entity, a power of attorney, a representation of the mark (image file) and a list of the goods/services to be protected.
These will then be translated into Chinese by your professional representative.
The choice of registration classes for goods and services is crucial to ensure full trademark protection.
At the initial stage, the applicant should consider both the current and future product portfolio to include all intended product groups. Based on this information, the applicant then selects the appropriate classes and specific items within each class. In some territories, due to the cost of filing, products should be grouped into sub-categories rather than listed individually. For example, there is no need to list cosmetics in the ‘make-up’ class in detail. Just choose the general category: ‘make-up cosmetics’. Similarly, for juices, there is no need to list all the flavours, just indicate the product: ‘juices’ etc. The final selection of products and services should always be confirmed with local patent attorneys, who will not only advise on the optimal use of the mark in the territory, the effective grouping of items, but also on the standard lists accepted by the respective patent office. It is important to remember that if a trademark is not used, it may expire after a few years. This period varies according to the territory in which the application is filed. Nevertheless, the selection should be made carefully and include those products and services that will be offered in the foreseeable future.
It is not necessary to use a trademark before filing an application in Taiwan. You can even apply for protection of an entirely new mark. It is worth accepting that Taiwan, like mainland China, has adopted the first-to-file principle, which allows trademark rights to be granted to the person who first files an application for registration and successfully goes through the entire process, and not necessarily to the person who first used the mark.
No, Taiwan’s trademark rights only cover the territory of Taiwan. Mainland China is a separate jurisdiction for intellectual property rights.
Costs vary depending on the number of classes and products submitted. See our price list for details.
In Taiwan, anyone can apply for trademark protection, from individuals to domestic and foreign companies, as well as NGOs and associations.
In Taiwan, various types of trademarks can be registered. The most popular include word marks, figurative marks, word and figurative marks, 3D marks, colour and hologram marks and special marks such as: sound, smell or others.
In Taiwan, is it possible to apply for a mark in multiple classes with one application?
Yes, in the case of a multi-class application, the TIPO will analyse the mark separately for each class. The analysis examines the distinctiveness of the mark, the existence of potential conflicts and other legal requirements for each class listed in the application.
The original trademark protection certificate in Taiwan is usually issued one month after the end of the opposition period.
Trademark registration (legal protection) in Taiwan is valid for 10 years from the date of registration, not from the date of filing.
Of course, you can file your trademark for protection in Taiwan on your sole business. If you wish to do this for your company, you will need to prepare its English business licence.
Application for renewal of trademarks in Taiwan must be filed no earlier than six months before the end of the current term of protection and no later than the expiry date. Late filing is possible up to six months after the expiration date, but an additional fee will be charged.
You can check by searching the database of the Taiwan Intellectual Property Office (TIPO).
Yes, you can. All you have to do is file an application for cancellation with the Taiwan Intellectual Property Office (TIPO) on the grounds of non-use for three years. It is then up to the opposing party, the trademark owner, to prove that the trademark has been used. If he fails to do so, his registration will be cancelled.