I. Foundation of Trademark Law in Taiwan, China
The trademark legal framework in Taiwan, China, is based on the Trademark Law, which was most recently amended on May 24, 2023. Taiwan's trademarks are administered by the Taiwan Intellectual Property Office (TIPO). As the Taiwan region operates an independent trademark system, trademarks already registered in Mainland China must undergo separate registration in Taiwan to receive protection locally.
II. Required Application Materials for Trademark Registration
- Applicant’s name and address.
- Trademark image/logo.
- List of goods/services.
- Power of Attorney (if applying through an agent).
III. Trademark Registration Application Process
- Application Filing: Submit the trademark registration application to TIPO, after which an examiner will review it. Taiwan follows the 'first-to-file' principle, meaning trademark rights are granted based on the earliest application date.
- Examination and Registration: The examiner conducts both formal and substantive reviews to determine if the trademark meets registration requirements. If no issues are identified, TIPO issues a trademark registration notice. The applicant must pay the registration fee within 2 months of receiving the notice, after which the trademark registration certificate is issued.
- Publication: Upon issuance of the registration certificate, the trademark enters a 3-month publication period. During this time, third parties may file opposition against the trademark. (Failure to respond to an opposition does not immediately invalidate the trademark; the examiner will make a determination based on evidence provided by the opposing party.)
IV. Protection Period and Renewal
Trademarks in Taiwan, China, are valid for 10 years from the registration date and can be renewed indefinitely. Renewal applications should be submitted within 6 months before expiration or during a 6-month grace period after expiration (late fees apply).