Introduction

Trademark application in Taiwan operates on a first-file-first-get basis, and can be based on an intent to use basis. No proof of use is required for the issuance of the trademark certificate.

Foreign company or individual can apply to register their marks in Taiwan without nationality restriction or residency requirement.

 

Fees

Our fee is HK$6,500 per mark per class from application to forwarding of certificate. The fee is inclusive of both the official filing fee, official registration fee and our professional fee. In the event of the application not approved for publication, half the fee will be refunded.

If the specified goods or services in any one class exceed 20 items (as selected from the Taiwan detailed list), the item above the 20th will attract an item charge of HK$100 each.

Unless the application encounters objection, suggested amendment or opposition, there will not be any extra-charge. The chance of objection or opposition can be reduced by (1) choosing an invented word as the mark, or adding a distinctive logo to the mark, and (2) having a search conducted before application to find out whether the mark is identical or similar to any existing registered mark or prior application. If the application proceeds straight-forwardly without encountering objection or opposition, no further fee is needed.

In the event of any partial or total refusal by the examiner of the Trademark Office, the client has the choice of appeal to the High Administrative Court and Supreme Administrative Court of the Ministry of economic Affairs at additional fee according to the complication. In the event of any opposition by third party, the client has the choice of defending the application at additional fee, or (2) to abandon the application and have half the fee refunded.

 

Search

Prior to filing, the chance of success can assessed by having a search at the fee of HK$1,000 per class. The search is inclusive of both identical and similarity search. Pre-application search report is available within 1 week of instruction.

Search is optional at the choice of the client. If the client’s mark consists of simple logo or common words found in dictionary, search is usually recommended. On the other hand, if the client’s mark is an invented word, or a complex logo, then the client may take a chance to file the application without search.

 

Timeframe

The application for trademark registration in Taiwan takes between 8 to 12 months to complete :-

Filing receipt and filing number	1 week
Application searchable in official website	1 week
First Examination report	1 - 6 months
Opposition period after publication	3 months
Issuance of trademark certificate	2 months

Upon registration, a registered trademark is first valid for 10 years and is renewable indefinitely for further periods of 10 years each by paying the renewal fee.

 

Taiwan trademark certificate sample :

 

Chinese Name & Address

All details to be filed in Taiwan application has to be in Chinese or have a Chinese translation.

If the applicant has no Chinese version or translation of its name and address, we will provide a translation for the purpose of filing the Taiwan trademark application.

 

Specification

The specification of goods or services in Taiwan application should normally be based on the Taiwan translated list of the WIPO detailed goods list.

The Taiwan application fee of HK$6,500 is inclusive of 20 items of specified goods from that list. Additional item beyond the 20th in each class applied for, if any chosen, has an item charge of HK$100 each.

In case any of your main products are not found to be covered by any item in the Taiwan list, they can still be tried in the application. But such self-drafted specified goods or services will likely to receive office action and need to produce supporting description and examples from the internet to endeavour to convince the examiner of their established existence in the market.

Upon registration, the scope of the exclusive right granted by the registration is limited by the ambit of the specified goods and services.

 

Convention Priority

If the client has filed an application in another WTO country within the last half year, then there is a choice of treating the effective filing date in Taiwan to be the same as the date of the earlier application.

Priority claim is usually made when the Taiwan application is part of a coordinated world-wide filing exercise, or when a search reveals that a recent application of a third party may be surpassed by the priority claim, or if the client is concerned about possible competing third party application in Taiwan at around the same time.

 

Details Required

1.	Full name, address and nationality of the trademark applicant.
2.	Selection of goods items and/or services items to form the specification.
3.	Logo or stylized mark in .jpg format.
4.	Power of Attorney (no need of notary public nor legalization).
5.	Scan copy of the applicant’s passport or business registration certificate.

 

 

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