Register a Trademark in Taiwan
Updated on Monday 08th July 2019
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Businessmen who want to open a company in Taiwan have the possibility of registering the trademark of their brand, following specific procedures. Taiwan provides several categories of trademark registrations and it is important to find out that the protection of a trademark is granted to the entity that applied first for its registration with the local authorities.
The registration of a trademark is handled by the Taiwan Intellectual Property Office, an institution which follows the regulations established under the Trademark Act; the legal framework was last modified in 2016 and our team of consultants in company formation in Taiwan can provide an extensive presentation on the main requirements imposed to local and foreign businesses which intend to protect their trademarks.
How can one apply for trademark registration in Taiwan?
A trademark in Taiwan can take many forms, such as words, symbols, various shapes and so on. As a general rule, almost any type of sign can be registered as a trademark in Taiwan, as long as it complies with the local regulations and if it has distinctive particularities. It is also necessary to understand that a trademark registered in this country can only be protected on the country’s territory. Investors must consider the following:
- there are three main categories of trademarks in Taiwan: Certification Mark, Collective Mark and Principal Mark;
- Taiwan follows the Nice Classification and provides a total of 45 classes of trademarks;
- the application procedure is available for both natural persons or legal entities;
- in order to apply, the applicant must complete a specific form with the Taiwan Intellectual Property Office;
- the duration of the registration process takes approximately 9 months;
- the application involves the payment of a fee and after the applicant has paid the respective sum, he or she will receive a registration certificate (issued in approximately one month).
In order to apply for trademark registration in Taiwan, one needs to provide a JPG picture of the symbol that will be used as a trademark; the applicant must also select the goods and services included in the standard classification, as well as to provide his or her personal data. It is also important to mention that the application file must contain a power of attorney; our team of consultants in company formation in Taiwan can assist foreign businessmen with legal representation concerning this procedure.
What are the statistics on trademark registration in Taiwan?
The data on the registration of trademarks in this country is collected by the Taiwan Intellectual Property Office (TIPO). Over the last years, the number of trademark registrations increased on a steady basis and the institution has received a large number of applications from foreign businessmen operating in Taiwan. The latest data on trademark registration in Taiwan shows the following:
- at the level of 2018, TIPO received a total of 84,816 trademark applications;
- this represents the highest level of applications registered in the last 18 years;
- the registration of trademarks requested by domestic entities accounted for 59,850 applications;
- foreign applications for trademark registration accounted for 24,976; when referring to the number of foreign applications, they increased by 11% compared to 2017;
- the highest growth for trademark registration requested by foreign applicants was registered in the case of businessmen from Japan (an increase of 21%).
When can a trademark be used in Taiwan?
The registration of a trademark in Taiwan can be made as long as the trademark will be used for a specific purpose, that falls under the regulations of the Trademark Act. According to Article 5 of the law, a trademark can be used in order to be displayed on the packages of goods sold by a local company; it can be used for the import-export of goods and it can also apply to the provision of services in Taiwan.
Furthermore, the trademark can also be used on various commercial documents or in advertising; the symbol can also be displayed in various digital means. It is necessary to know that an application can be refused if it does not respect the distinctiveness criteria imposed under the local law. The legal grounds are established under the Article 29 of the legislation and our team of specialists in company registration in Taiwan can assist with more information.
Businessmen are invited to contact our team of consultants in company formation in Taiwan for more details on documents that have to be submitted upon the registration of a local trademark. We advise you to address to our representatives, who have an in-depth experience in the law referring to the protection of intellectual property.