TAJWAN

Filing trademark for protection

About the market

24 mln
population
(2022)
70.3 %
% of population aged 15-64 (2022)
3.8%
compound annual population growth rate (CAGR) in 2013-2023
3.8%
compound annual population growth rate (CAGR) in 2013-2023
7.00%
GDP GROWTH RATE (2022)
$32.756
GDP PER CAPITA (2022)
9.5%
forecasted online share of retail sales (2024)

Whom does this concern?

Exporters
Importers
Service providers
Application developers
IT sector
Game developers
Companies outsourcing OEM, private label production
Companies that manufacture and sell in Taiwan
Companies buying own-brand components (e.g. packaging, casings)

Filing trademark for protection in Taiwan

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.

10 years
Period of protection from the date of registration
9-12 months
Time taken to register a trademark in Taiwan, assuming no objections or complications
#File1st®
Priority is given to those who act first. File your mark first, before someone else is faster

Quick
knowledge station

Why register a trademark in Taiwan?

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.

Who can apply for trademark protection in Taiwan?

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.

Czy moja marka jest dostępna do rejestracji na Tajwanie? Jak to sprawdzić?

Is my brand available for registration in Taiwan? How do I check this?

How better to file a trademark for protection in Taiwan directly or through WIPO?

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.

What documents to prepare for filing a mark directly in Taiwan?

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.

How best to select products and services to apply for protection in Taiwan?

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.

#File1st® File your trademark for protection

FAQ - Frequently asked questions

1. Do I have to use my trademark in Taiwan before registering it? 

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.

2. Do Taiwan's trademark registration rights extend to other territories such as mainland China or Hong Kong? 

No, Taiwan’s trademark rights only cover the territory of Taiwan. Mainland China is a separate jurisdiction for intellectual property rights.

3. How much does it cost to file a filing trademark for registration in Taiwan? 

Costs vary depending on the number of classes and products submitted. See our price list for details.

4. Who can apply for trademark protection in Taiwan? 

In Taiwan, anyone can apply for trademark protection, from individuals to domestic and foreign companies, as well as NGOs and associations.

5. What types of trademarks can be filed for protection in Taiwan? 

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.

6. Czy na Tajwanie można jednym zgłoszeniem zgłosić znak w wielu klasach? 

In Taiwan, is it possible to apply for a mark in multiple classes with one application?

7. In the case of a multi-class application, will the Taiwan Intellectual Property Office examine each class separately? 

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.

8. How long does it take for the Taiwan Intellectual Property Office to issue a trademark registration certificate after the opposition period has expired? 

The original trademark protection certificate in Taiwan is usually issued one month after the end of the opposition period.

9. How long is a trademark registration valid in Taiwan? 

Trademark registration (legal protection) in Taiwan is valid for 10 years from the date of registration, not from the date of filing.

10. I run my own sole business. Can I apply for a trademark in Taiwan on it? 

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.

11. When should a trademark registration be renewed in Taiwan? 

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.

12. How can I check if my brand or a similar one is already filled in Taiwan? 

You can check by searching the database of the Taiwan Intellectual Property Office (TIPO).

13. Can a trademark registration in Taiwan be cancelled if it is not used? 

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.

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