The main framework of the current trademark law in Taiwan was established in 1973. During this period, it was amended many times. Many new systems were introduced in the revised Trademark Law on May 23, 2003. In order to meet the international trend, various administrative procedures were simplified and the protection of famous trademarks was strengthened. Taiwan implements a multi category application system for one case, introduces the segmentation system, and adopts the objection system after registration.
1、 Notice for trademark registration in Taiwan
1. Taiwan has an independent trademark registration system. Trademarks registered in mainland China or other parts of the world will not automatically take effect in Taiwan. If the intellectual property protection in Taiwan is needed, relevant registration procedures must be handled in accordance with Taiwan's intellectual property law.
The trademark of Taiwan can be registered in China.
3. Trademarks that Taiwan may apply for registration include: words, graphics, marks, colors, sounds, three-dimensional shapes or their combinations. A registered trademark should be distinguished from other registered goods or services without causing confusion.
2、 Information required for trademark application in Taiwan
1. For the application as a legal person, one copy of the latest annual inspection business license or valid registration certificate shall be provided with the official seal; for the application as a natural person, one copy of personal identity certificate shall be attached;
2. Details of the applicant, including name, nature, nationality and detailed address;
3. Trademark design, trade name and category;
4. Letter of appointment.
3、 Taiwan trademark registration application process:
Formal examination → substantive examination → announcement → approval.
4、 Trademark renewal
The term of validity of a trademark registration is 10 years. The trademark right may be renewed upon application from the date of approval of registration. However, it is necessary to apply for renewal of registration within 6 months before the validity of registration, and each renewal is valid for 10 years.
In principle, trademark registration is carried out in the form of "first come, first served". If the words or images of the trademark you are applying for registration are similar to those contained in other registered trademarks, your application will not be easily accepted. Therefore, the first step is to report five samples of registered trademarks (9cm * 9cm) to the Intellectual Property Office for inquiry. About three weeks later, the registration office will reply to the preliminary opinions or revise the registration rules to determine the pattern of the trademark.
After approval, the trademark must be published in the Government Gazette. The public may, within four months after the publication of the Gazette, put forward a motion against the application for registration of the trademark. If no objection is raised, the registration will be deemed successful. The government intellectual property department will officially wholesale the registered trademark certificates.
Resistance vs. resistance
When the application documents are submitted to the government, the government will raise an objection to the trademark. At this time, our lawyers in charge of trademarks will fight against it. This is the most important step in the process of trademark registration.
This fee is not included in the registration fee. This procedure takes half a year.
After the opposition is passed, the trademark shall be published in the Taiwan intellectual property Bulletin of the government. The public may raise an objection to the application for registration of the trademark within two months after the publication of the bulletin. If no objection is raised, the registration will be deemed successful. The government intellectual property department will formally approve the application.