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    • Trademark
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Trademark Right
In order to obtain trademark right and the protection thereof, the application must be submitted
to the competent authority. Upon the publication of the registration, the registered mark shall
remain for a period of 10 years, which maybe renewed upon application for renewal thereof.
Types and Forms of Trademark
The different types of trademarks are normal trademark, collective trademark, certification
trademark, and collective membership mark.
Trademark may be composed in the form of a word, figure, symbol, color, sound, three-dimensional shape or a combination thereof.
Priority Right
An application that is made in another country which is recognized by Taiwanese Government
and was registered in pursuance to the domestic legislation of that country, may claim
priority right in Taiwan within six months based on and after the first registration of the
trademark in another country.
Search
Before proceeding, it is usually in the best of the applicant’s interest to conduct trademark
search before filing the application. Trademark search can help avoid conflicts in filing when
identical or similar trademarks are already registered, and this can help reduce the chances of
application been opposed.
Documentation Required for Application
Documents required for registration are: Applicant’s name and address, copy of the passport, trademark symbol, specified products, and Power of Attorney. Take note that according to the Taiwanese Law, all documentation submitted must be in mandarin.
Period taken for Application to be Granted & Validity
Without any objections it takes about 8~12 months, while with objection, it is difficult to set a time line as it depends on the nature of the matter and objection raised, and a registered trademark is valid for ten (10) years commencing from date of publication and each renewal shall be for further ten (10) years.
Application Procedure
Once all documentation has been submitted, it will go through an examination period of 8 to 10 months. Once the IP Office accepts the trademark and issued the registration certificate, it will be publicized in the gazette for three (3) months for objections thereof.
Opposition
During the three months period, any person or company with objections may submit their opposition to the IP Office, and the objectee shall have a reasonable period to respond thereof. Whereafter the IP Office shall make deductions based on the facts submitted.
Flowchart