Process for Applications for Trademark Customs Recordal is Simplified

In Taiwan, applications can be filed on a mark-by-mark basis with Customs for recordal of registered trademarks so as to ban relevant goods suspected of infringement from being imported or exported.

As a result of the implementation of the new “Operational Directions for Customs Authorities in Implementing Measures for Protecting the Rights and Interests in Trademark” on January 1, 2017, the following procedural changes merit attention from registered trademark owners:

1. A Customs Recordal now remains in force until the due date for renewal of a trademark registration, instead of one year only;

2. after approval of renewal of a trademark registration which has been recorded with Customs, the trademark owner may file with Customs an application for extension of the Customs Recordal until the next due date for renewal of the renewed trademark registration;

3. the owner of a recorded trademark registration should voluntarily record with Customs any change regarding the ownership of the trademark registration or information already submitted to Customs for border monitoring; and

4. in case of a trademark owner having no domicile or constant place of business in Taiwan, an application for Customs Recordal needs to be filed through a local agent.

The above contents are intended as general discussion of the subject matter only and shall not be deemed as legal advice to any particular case or issue.