Trademark registration in Taiwan

To protect your trademark in Taiwan, it's essential to understand the following key points:

Official Authority:

Registration is handled by the Taiwan Intellectual Property Office (TIPO), which is the sole official entity for this process.  

First-to-File Principle:

Taiwan operates under the "first-to-file" principle, meaning the first person or entity to submit the application has priority in registration.

Types of Trademarks:

Both traditional (words, logos) and non-traditional (colors, sounds, 3D shapes, holograms, movements, scents) trademarks can be registered, provided they are distinctive. Lack of distinctiveness is a common reason for refusal.  

Key Requirements:

• A clear representation of the trademark and a precise list of goods/services according to the Nice Classification.  
• Foreign applicants without a domicile in Taiwan must appoint a local trademark agent (usually a lawyer) to represent them.  
• A Power of Attorney (POA) may be required.  

Simplified Process:

• Prior Search (Highly Recommended): Although not mandatory, conducting a thorough search helps avoid conflicts and "trademark trolls".  
• Filing: Applications can be submitted online or in hard copy. Taiwan accepts multi-class applications.  
• Examination: TIPO conducts a formal and substantive examination to verify distinctiveness and potential conflicts.  
• Publication and Opposition: If approved, the trademark is published in the Taiwan Trademark Gazette for a three-month opposition period for potential third-party objections.  
• Registration: If there are no oppositions or they are resolved, the registration certificate is issued.  

Timelines and Validity:

• The complete process can take between 4 and 12 months if there are no objections. A normal case usually takes 6 to 7 months.  
• The trademark is valid for 10 years from the registration date.  
• It can be renewed indefinitely for 10-year periods, with renewal applications due up to 6 months before expiration.  

Nice Classification:

Taiwan uses the Nice International Classification for goods and services.  

Madrid Protocol: Taiwan is NOT a member of the Madrid Protocol.

This means international applications through this system are not valid for Taiwan; a direct national application is required.  

Key Considerations:

• Trademark Use: A trademark can be canceled if not continuously used for three years from the registration publication date. Use in digital media is valid.  
• Trademark Changes: Minor changes to the trademark's form are allowed if they don't alter its distinctive parts; significant changes (e.g., from color to black and white) might not be considered valid use.  
• Local Counsel: Given the complexity and specific requirements, it is highly recommended to use a local intellectual property agent.

Register and file your trademark application in Taiwan

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