Trademarks & Service Marks
Overview
According to the trademark law of Taiwan, any word, characters, picture, device, symbol or any combination thereof, provided they are distinctive, may be admissible as a trademark. Service marks, associated marks, defensive marks and the registration of certification marks and collective marks may also be registered.
The duration of a trademark is 10 years from the date of registration, and is indefinitely renewable in periods of 10 years. No renewal will be given for a mark that has not been used during the three years preceding the application for renewal unless justifiable reason is given.
Procedure
- The application is filed at the Taiwan Trademark Office.
- If the application is found not in conformity with the law the application will be rejected, and the applicant may lodge an Administrative Appeal within 30 days.
- If the application after examination is found to be in conformity, a decision of approval will be made, and the application published in the Trade Mark Gazette.
- Oppositions.
- Oppositions may be filed by any person within three months from the date of publication. Copy of the opposition notice and evidence will be sent to applicant, who will be given a prescribed period for counterstatement.
- If an opposition is filed a re-examination takes place, followed by a decision of approval or rejection.
- An administrative appeal may be lodged against the decision within 30 days.
- If no oppositions are filed, or the opposition procedure has been decided upon in favor of the applicant, the mark will be registered and a certificate of registration issued.
Filing Requirements: Trademarks and Service Marks
The documents required for filing include:
- A specification of the goods/services (International Classification).
- A Power of Attorney executed by the applicant.
- Twenty-five (25) specimens of the mark on durable white paper.
Facsimiled copies of the above item b is acceptable for obtaining a valid filing date. The original of the Power of Attorney and translation of specification, can be supplemented within 60 days after the application has been filed.