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Deep & Far
Taipei, Taiwan (TW)

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Taiwan (TW)

Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Trademark Use Requirements
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

Jun 03, 2021 (Newsletter Issue 11/21)
Trademark Use Not Limited to Use in Trade
The Supreme Administrative Court (SAC) clarified in a judgment in 2020 that use of a trademark as stipulated in the Trademark Act is not limited to profit-making commercial transactions.

According to Article 5 of the Trademark Act, "use of a trademark" means any of the following act, "in the course of trade", where such trademark is capable of being recognized by relevant consumers as a trademark:

1. to apply a trademark to goods or packaging or containers thereof;
2. to possess, display, sell, export, or import the goods referred to in the preceding subparagraph;
3. to apply a trademark to articles relating to the provision of services; or
4. to apply a trademark to commercial documents or advertisements relating to goods or services.

The SAC pointed out that the Trademark Act only requires that use should be "in the course of trade" which is not limited to profit-making business transactions. The use of trademarks registered by non-profit organisations, e.g., Harvard University, National Taiwan University and Tzu Chi Foundation, are examples of applicable use.

Source: Deep & Far, Taiwan and Lee and Li Attorneys at Law, Taiwan

Feb 25, 2021 (Newsletter Issue 4/21)
Japan-Taiwan Concordance List of Similar Group Codes Published
On January 25, 2021, the Japanese Patent Office (JPO) published the Japan-Taiwan Concordance List of Similar Group Codes corresponding to Nice Classification, 11th edition, version 2021 (NCL11-2021).

Similar group codes are the codes assigned to goods and services that are presumed to be similar to each other in trademark examination, and therefore classified into a group. The Japan-Taiwan Concordance List of Similar Group Codes aims to improve the predictability of examination results, by encouraging users who file trademark applications with the JPO or the Taiwan Intellectual Property Office (TIPO) to utilize this List when searching for the existence of already registered trademarks.

The concordance list is available as PDF list and as Excel table

More information can be seen on JPO's website here


Apr 30, 2020 (Newsletter Issue 6/20)
Updated Taiwan-Japan Concordance of Similar Group Codes Released
In conjunction with the modification to the 11th Edition-Version 2020 of the Nice Classification made by WIPO, the Taiwan Trademark Office (TIPO) renewed the Taiwan-Japan Concordance List of Similar Group Codes corresponding to the Nice Classification, 11th edition, version 2020 (NCL11-2020), as a reference for Taiwanese and Japanese trademark registration applicants to utilize this list when searching for currently registered trademarks.


Apr 02, 2020 (Newsletter Issue 5/20)
Fast Track Trademark Examination System Soon
The Taiwan Intellectual Property Office (IPO) introduces a new fast track trademark examination system to enable accelerated trademark examination process. Starting from May 1, 2020, any new trademark application which satisfies the following requirements shall automatically be subject to fast track examination. The examination period will be reduced by about 2 months and the fast track examination does not require a separate application or official fee.

Requirements for fast track examination:
1. Electronic filing shall be used;
2. Only traditional trademark shall be included;
3. All descriptions of goods or services shall be identical to the standard descriptions in the PO recommended terms of designated goods or services
4. Specific electronic methods of official fee payment shall be used;
5. If an attorney is appointed, the Power of Attorney shall be submitted together with the application

For more information, please under IP updates here


Dez 13, 2018 (Newsletter Issue 21/18)
Examination Guidelines on Procedural Examination of Applications for TM Registration Published
The Taiwan Trademark Office (TIPO) published the Examination Guidelines on Procedural Examination of Applications for Trademark Registration on October 19, 2018.

The Guidelines comprise a total of 15 chapters containing information on filing and withdrawal of applications, filing fees, trademark application form and filing date, priority right and exhibition priority right, etc.

The Guidelines aim at understanding the procedural requirements for the filing of a trademark application, ensuring a broader protection of the rights and interests of applicants and increasing efficiency in the examination of trade mark applications.

TIPO encourages making use of the Guidelines. For more information, please check here


Aug 30, 2016 (Newsletter Issue 15/16)
TIPO’s Names and Search Reference Revised
Taiwan Trademark Office announced that there have been changes made in the names and search reference for designated use of goods and services in applications for trademark registration. A total of 64 revisions, 6 deletions, and 17 additional revisions to names or notes on groupings were made. This was done to stay current with the Nice Classification (NSL 10-2016). These changes took effect on July 1, 2016.

The e-filing system were simultaneously updated. TIPO advises e-filers to download the changes to avoid inconsistency.


Nov 25, 2015 (Newsletter Issue 18/15)
Notice on Trademark Dispute Examination Procedures
The Taiwan Trademark Office (TIPO) announced on its website the “Notice on Trademark Dispute Examination Procedures” in order to accelerate the examination process of trademark dispute cases. TIPO stipulated the Notice to improve the examination procedures based on the situations commonly seen to delay the process in real practices.

The improvement measures include directly entering into the substantive examination phase ex officio without going through the procedure of Cross-examination and hearing. The Notice comprises matters relating to shortened examination time and effective management.

The related information was posted onto TIPO’s website on September 1, 2015.


Sep 29, 2015 (Newsletter Issue 15/15)
Trademark Related Regulations Amended
The Taiwan Trademark Office announced on its website that the Article 11 of Regulations Governing the Implementation of Filing Trademark Applications and Services by Electronic Means has been amended on July 13, 2015 to comply with deletion of Article 4.2 of Enforcement Rules of the Trademark Act requiring that the applicant be exempted from submitting the original copy of proof for rights of priority and exhibition priority. What follows is the text of the amended Article 11.

Article 11
The documents of proof to be submitted in an electronic trademark application may be replaced with the electronic version thereof prescribed by the Registrar Office, except for the original, the certified copy, or evidence submitted pursuant to the Act or the Enforcement Rules of the Act.

For the documents of proof submitted in electronic form pursuant to Paragraph 1, preliminary showing shall be made that the electronic files are identical to the original or the certified copy.

Whenever it deems necessary, the Registrar Office may require the user to submit the original or the certified copy of the electronic files prescribed under Paragraph 1 for verification.


Jul 17, 2012 (Newsletter Issue 11/12)
New Trademark Act Effective
Taiwan’s newly amended Trademark Act entered into force on July 1st 2012, a year after the promulgation date.

The new Trademark Act, among other things, enlarges the scope of protectable subject matter to allow all forms of sensory signs that are distinctive enough to identify goods or services from others to be registered as a trademark. Some forms of non-traditional symbols are exemplified in the trademark law, such as colours, three-dimensional shapes, motions, holograms and sound, but such examples are not exhaustive.

Under the recently published Examination Guidelines for Non-traditional Trademarks, a position mark that highlights a certain drawing, colour or three-dimensional symbol on a particular position of a product or location of a service provider may also be registered. Designs or decorations of a business location and product packaging are categorized as the same type of a three-dimensional shape, and will be examined under the same distinctiveness standard for trademarks. In addition, scent, taste and texture that bring a certain sensation to consumers are also taken into consideration under the Examination Guidelines.

Source: Tsai Lee & Chen, Taiwan

Mai 15, 2012 (Newsletter Issue 8/12)
Amended Trademark Act Soon Effective
The Taiwan Trademark Office announce that the amendment to the Trademark Act will be effective on July 1, 2012. The amendment was promulgated on June 29, 2011.

Key points of the amendment are:
- Scope of protectable trademarks is extended: Protection to more non-traditional marks, such as motion and hologram marks
- Modes of trademark use are specified: Online trademark use
- Accepting priority rights based on exhibition
- Installment payment for registration fee is abolished
- Reinstatement of registration is available after failure to pay registration fee in time
- A letter of consent is no longer guaranteed to prevent citation of conflicting prior rights
- Proof of use of a trademark will be required to support a cancellation action based on a prior trademark registration
- New provisions have been added to enhance protection against trademark infringement and to strengthen enforcement of border control measures

For further information on the amendments, please click here

Source: Lee and Li, Attorneys-at-Law, Taipei, Taiwan,
Baker & McKenzie Taipei, Taiwan

Apr 02, 2011 (Newsletter Issue 6/11)
Early Renewal Application Rejected
The Taiwan Intellectual Property Office (TIPO) has stated that if a trademark renewal application is filed more than six months before the expiration of the registration term, the application will be rejected.

According to the relevant provisions of the Trademark Act, an application for renewal of the term of trademark rights should be filed within six months before the expiration of the term; but in practice, the TIPO has never strictly enforced this provision. However, to avoid disputes, any application filed on or after September 1st, 2010 that does not comply with the provision will not be accepted.

Source: Lee and Li Attorneys at Law, Taiwan

Mrz 01, 2011 (Newsletter Issue 4/11)
Cross-Strait (Taiwan & China) IPR Agreement Signed
Since November 22nd, 2010, the trademark authorities of China and Taiwan have accepted trademark applications claiming priority based on a corresponding application filed on the other side of the Taiwan strait.
For further information please click here

Source: AFD China Intellectual Property, Beijing, China

Feb 24, 2011 (Newsletter Issue 3/11)
Free Online Database
The Taiwan Intellectual Property Office (TIPO) has made the online search database of similar trademarks available free of charge to the public effective of January 1st, 2011.

To access the the database (Chinese version) please click here

Feb 01, 2011 (Newsletter Issue 2/11)
Official Fees Changed
The Taiwan Intellectual Property Office (TIPO) has changed its official fees for trademark applications effective from February 1st, 2011.

For more information on the amended fees please click here

Legal basis is the Trademark Act, last amendment on November 30, 2016 and effective on December 15, 2016.
Trademark protection is obtained through registration.
Taiwan follows the first-to-file system.
Nice classification, 11th edition
In addition, there are national subclasses.
Registrable as a trademark are all distinctive signs, such as words (names, acronyms, letters, characters, numbers) devices, symbols, colours, three-dimensional shapes, motions, holograms, sounds or any combination of the mentioned signs. In addition, according to the “Examination Guidelines on Non-traditional Trademarks”, smells, patterns and positions are also registrable as a trademark, and tactile and gustatory signs are only registrable as a trademark exceptionally

The following types of marks are registrable: trademarks (for both goods and services), collective marks, certification marks, and collective trademarks (for both goods and services).
The application is filed at the Intellectual Property Office.
Multiple-class applications are possible.
Foreign applicants who have no domicile or business office in Taiwan need a local agent.
A legalised and/or notarised power of attorney is not required.
Foreign applicants do not need a domestic company/domicile registration.
The application process includes formal examination, examination of absolute grounds (e.g. distinctiveness) and examination of relative grounds (e.g. likelihood of confusion). Signs without innate distinctiveness can be registered if distinctiveness has been acquired through use.
The processing time from filing to registration or the first office action is approx. 8 months.
Trademark registrations will be published in an official gazette.
The opposition period is 3 months from the publication date of the trademark registration.
A trademark registration is valid for 10 years from the publication date of the registration.
The trademark registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
As for trademarks and collective trademarks, the official filing fee for the goods in Classes 1-34 is NTD3,000 per class, plus NTD200 per item from the 21st item of designated goods for each class.
The official filing fee for the services in Classes 35-45 is NTD3,000 per class; however, for the retail services of specific goods in Class 35, there will be NTD500 per item from the 6th item of designated retail services of specific goods.
The official filing fee for a collective mark or certification mark is NTD5,000 per application.
When filing for trademark registration in electronic format, the filing fee will be reduced by NTD300 per application. If using the standard names of goods or services, the filing fee will be further reduced by NTD300 for each class.
The official registration fee for all types of marks is NTD2,500 per class. Payment in installments is not permissible.

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Practical details on trademark licensing are available in our publication here
SMD Group thanks the following law firms for their assictance in updating the information provided.

Mar 31, 2020
Deep & Far, Taipei, Taiwan  

Deep & Far

C. F. Tsai

C. F. Tsai
13th F1., No. 27, Sec. 3, Chung San N. Rd.
104 Taipei
Taiwan (TW)
Tel +886 2 2585 6688
Fax +886 2 2598 9900

Deep & Far attorneys-at-law was founded in 1992 and is dealing with all phases of laws with a focus on the practice in separate or in combination of all aspects of intellectual property rights (IPRs) including patents, trademarks, copyrights, trade secrets, unfair competition, and/or licensing, counseling, litigation and/or transaction thereof.

The patent attorneys and patent engineers in Deep & Far normally hold outstanding and advanced degrees and are generally graduated from the top five universities in this country. Our prominent staffs are dedicated to provide the best quality service in IPRs in this country. As a proof, about one half of top 100 incorporations in this country have experiences of seeking patented their techniques, but more than one fifth of the top 100 incorporations has ever used services of this firm. Furthermore, Hi-Tech companies in the science-based industrial park located at Hsin Chu had ever played the most important role in booming the economy of this country. About one half of them has experiences in seeking patented their techniques, and out of more than 60% of the patent-experienced companies in that park have ever entrusted their IPR works to this firm. Certainly, we must also represent international giants, e.g. InterDigital, MPS, Schott Glas, Toyo Ink, Motorola…

Taiwan Trademark Office (TIPO)
3F, No 185, Sec 2
Hsinhai Road
Da-an District
Taipei City 10637
Taiwan, R.O.C.
Tel +886 2 27 38 00 07
Fax +886 2 23 77 98 75