Global Trademark GO: Taiwan, China——Introduction to trademark application in Taiwan, China

Taiwan’s current trademark law completed the latest revision on May 24, 2023. Currently, in Taiwan, you can apply for registration of word trademarks, graphics, words, graphics, marks, colors, three-dimensional shapes, dynamics, holograms, sounds or various combinations. Trademark registration applications for multiple categories of trademarks, symbol trademarks, color trademarks, three-dimensional trademarks, dynamic trademarks, hologram trademarks, sound trademarks, joint trademarks, etc. can be made.

1. Trademark authority

• Taiwan Intellectual Property Office, abbreviation: TIPO
• Website: Taiwan Intellectual Property Office-Topics-Trademarks (tipo.gov.tw)
• Trademark search: Smart Bureau Trademark Search System (tipo.gov.tw)

2. How to apply for trademark registration

• Electronic submission, paper submission

3. Trademark registration application language

• traditional Chinese

4. Documents required for trademark registration application

• Chinese and English names, detailed addresses and nationalities of the applicant and representative
• Letter of appointment (signature and seal of the applicant)
• A clear electronic file of the trademark image, with a size of 5cm x 5cm; if the trademark is in color, the color must be described
• The categories and designated product names or services to be covered by the trademark application
• If proof of trademark use or registration certificate from another country is provided, the review time can be shortened
• If claiming priority, please provide priority details and priority certification documents

5. Trademark registration application process in Taiwan:

• After the applicant submits the trademark registration application, TIPO will conduct a formal review and substantive review. If there are no formal defects or substantive matters that prevent the trademark from being registered, TIPO will issue a trademark registration notice, and the applicant must pay the registration fee after receiving the notice. fee, and obtain the trademark registration certificate after paying the fee. If it is unintentional and does not affect a third party's application for trademark registration or acquisition of trademark rights, you can still announce the registration and obtain the trademark registration certificate after paying twice the registration fee within 6 months after the expiration of the payment period.

6. Documents required for trademark change/transfer

• Change registration request
• Changed name and address information
• Change certification documents (for example, when the name, address, agent or other registration matters of the trademark owner need to be changed, a registration change request form should be filled in, with one document or multiple documents, and attach the change certification documents. If there are 2 or More trademark owners with the same change matters can apply for change with the same request, but the fee is still calculated based on the trademark category. Unless TIPO requires evidence of change, there is generally no need to provide evidence of change.)
• For trademark inheritance and transfer, it is necessary to attach the death certificate of the original trademark owner, a copy of the original trademark owner’s family register (a copy of the family register will be issued by the transferee), a certificate of trademark ownership or other supporting documents, and a certification document issued by the tax department.
• Trademark donation and transfer must be accompanied by supporting documents issued by the tax department
• For trademark auction transfers, a copy of the court auction certificate must be attached, and a separate application must be made by the auctioneer.
• For trademark transfer after company merger, documents proving the company merger must be attached.

If the name, address, agent or other registration information of the trademark owner needs to be changed, when applying for trademark registration transfer, a change/transfer request form should be filled in, one document for one document or one document for multiple documents, and attach the change certification document, if any Two or more trademark owners with the same change matters can apply for change with the same request, but the fee is still calculated based on the trademark category. Unless TIPO requires evidence of change, there is generally no need to provide evidence of change.

7. Trademark cancellation

• If a trademark is not used for three consecutive years after registration, the registered trademark may be revoked by anyone.

8. Trademark objections

• The Taiwan trademark opposition period is within 3 months after the date of trademark registration announcement. According to Article 16 of the Taiwan Trademark Law, the starting date is not included. In other words, the Taiwan trademark opposition period starts from the next day of the trademark gazette.

9. Authorization, validity period and trademark renewal

• The authorization fee should be paid within 2 months from receipt of the registration notice. A Taiwanese trademark is valid for ten years from the date of registration. Trademarks are renewable for 10 years. The trademark can be renewed within 6 months before expiration, or can be extended within the next 6 months, and a late fee of 2 times is required.

10. Average time for trademark authorization

• If a fast-track trademark review system is adopted and the trademark registration process goes smoothly, the general trademark registration announcement will take about 4.5 months; if a normal trademark review system is adopted, it usually takes 7-9 months.

11. Other matters needing attention

• The Taiwan Intellectual Property Office has begun to implement the "fast-track mechanism" for trademark registration applications since May 2020. That is, if the trademark application meets the following five conditions:
  • Electronic application
  • Pay online
  • Designated goods and services are reference names for the electronic application system
  • General flat trademark
  • Power of attorney attached
• Then the system will automatically convert the trademark application case to a "fast-track case" without the need to submit a separate written statement, and the trademark application fee will be reduced by 20%, and the subsequent review process will also proceed to the substantive review stage 2 months in advance.