SAINT ISLAND INTELLECTUAL PROPERTY GROUP

Taiwan IP Practice

General Information about Filing

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  • 1
    What are the documents and information required for filing a trademark application in Taiwan?
    1

    (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.

  • 2
    Who is entitled to claim priority?
    2

    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.

  • 3
    What is the deadline for submitting the priority document?
    3

    The priority document must be submitted within the three months from the filing date.

  • 4
    Can two parties jointly file a trademark application in Taiwan?
    4

    A trademark application or registration is allowed to be standing in the name of two or more parties.

  • 5
    Is Taiwan a signatory to the Madrid Agreement or Madrid Protocol?
    5

    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.

  • 6
    How long would it take from filing through to registration of a trademark?
    6

    It generally takes about 8-12 months for a trademark application to go through the examination procedure if the application is prosecuted smoothly.

  • 7
    It is possible to request expedited examination of a trademark application?
    7

    Yes, the Applicant may request expedited examination of a trademark application before the first Official Letter issued by IP Office.

  • 8
    What can be registered as a trademark in Taiwan?
    8

    Any distinctive indication composed of a word, character, device, symbol, color, three-dimensional shape, motion, hologram, sound, etc., or any combination thereof. 

  • 9
    Which types of trademark are registrable in Taiwan?
    9

    Trademarks, certification marks, collective marks and collective trademarks.

  • 10
    Are Geographical Indications (GIs) protected in Taiwan?
    10

    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. 

  • 11
    Is a preliminary trademark search prior to filing recommended?
    11

    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. 

*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.