Home / Taiwan IP Practice / Q&A / Trademark FAQ / General Information about Filing
(1)a representation of the applied-for mark; (2)a list of goods/services; (3)details of the applicant, including name, address and nationality; (4)an executed Power of Attorney; (5)filing date of the basic priority application (in case of claiming priority); and (6)the priority document (in case of claiming priority), i.e. a certified copy of the corresponding application from which priority is claimed.
* Photocopies of the Power of Attorney and the priority document would suffice. * The requisite documents can be filed on a late basis. * Neither actual use nor intent to use is required of a trademark application. * Taiwan’s IP Office accepts either single-class or multi-class applications.
As a general rule, any Applicant, whose country of origin is a WTO member or who has a domicile or a place of business within the territory of a WTO member country, is entitled to claim priority in Taiwan based on the Applicant’s foreign trademark application first filed in any member country of the WTO within 6 months from the filing date in Taiwan.
The priority document must be submitted within the three months from the filing date.
A trademark application or registration is allowed to be standing in the name of two or more parties.
As Taiwan is not a signatory to the Madrid Agreement or Madrid Protocol, it is not possible to extend an international registration to Taiwan. To obtain a trademark registration in Taiwan, it is necessary to file an application with Taiwan’s IP Office.
It generally takes about 8-12 months for a trademark application to go through the examination procedure if the application is prosecuted smoothly.
Yes, the Applicant may request expedited examination of a trademark application before the first Official Letter issued by IP Office.
Any distinctive indication composed of a word, character, device, symbol, color, three-dimensional shape, motion, hologram, sound, etc., or any combination thereof.
Trademarks, certification marks, collective marks and collective trademarks.
GIs are protected by way of certification marks or collective trademarks, and agricultural products, food products, wines, spirits and handicrafts are subject to GI protection.
Although trademark search is not mandatory, we tend to suggest to our client to perform a search prior to filing to ensure that use of the proposed trademark would not expose him/her to the risk of infringement. In the meantime, it helps in evaluation of availability of the trademark.
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