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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Taiwan it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Taiwan, who will carry out all needed tasks before the Trademark Office in Taiwan in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Taiwan.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Taiwan. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Taiwan.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Should I file my trademark in local characters?

Yes, for a broader and stronger protection in Taiwan, we recommend registering your trademark in local characters.

If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.

In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in Taiwanwill recognize your brand more easily if they are able to read and correctly pronounce the mark.

Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.

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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

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If I register my trademark in Taiwan, do I have protection in other territories?

Taiwan is the territorial limit of registration.

 
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Do I need to sign a Power of Attorney?

Yes. A power of attorney is needed to complete the application requirements.

 
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Are there any benefits from a pre-filing use of the trademark?
  • Use may demonstrate acquired
  • Use may help overcome an opposition on the grounds of non-distinctiveness
  • Prior use may be asserted in opposition proceedings as a defence and may also be raised as a defence in infringement proceedings
 
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Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

 
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What are the types of trademark that can be registered in Taiwan?
  • words
  • names
  • colours
  • slogans
  • devices
  • certain three-dimensional shapes
  • motion
  • taste
  • sounds
  • smells (olfactory trademarks)
  • trade dress/get-up
  • holograms
  • touch
  • collective marks
  • certification marks
  • service marks
 
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What are the phases of application after a trademark has been filed in Taiwan?

The order of the application process is as follows:

 

  1. Examination in respect to:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflict with prior registration
  2. Registration is granted once oppositions are overcome
  3. Publication of the following particulars:
    • mark;
    • name of applicant;
    • address of applicant;
    • state or country of incorporation of applicant;
    • citizenship of applicant;
    • application number;
    • application date;
    • goods/services;
    • priority claim information;
    • representation of trademark
 
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What type of trademark is not registrable?
  • generic terms
  • marks contrary to moral standards or public order
  • marks that function principally as surnames
  • names, flags or symbols of states, nations, regions, or of international organizations
  • marks not showing acquired distinctiveness
  • three-dimensional trademarks having functionality
  • marks that function principally as geographic location names
  • marks likely to mislead the public as to the quality, nature or place of origin of the goods or services
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Does Taiwan use the "Nice Classification" system?

Taiwan uses the Nice Classification System.

 
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Does the Community Trademark apply for Taiwan?

The European Union Trade Mark, formerly the Community Trade Mark, is not effective in this jurisdiction.

 
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Is there any possibility to claim priority in Taiwan?

The following conditions must be satisfied in order to claim priority:

 

  • If an applicant's home country is a member of the World Trade Organization
  • The priority application must be filed in any of the WTO member countries within the latest six months.
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What do I need to do to satisfy the use requirement?

A trademark must be used within three years from the registration date.

 

The amount of use can be minimal. However, it must occur in Taiwan.

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Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years.

 
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What will be the renewal date of my trademark?

The first renewal date of a trademark registration is 10 years from the registration grant date.

 
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Is it legal to use my trademark even if it is not yet registered?

Yes, it is legal to use an unregistered mark for any goods or services.

 
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How many applications should I file?

The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Taiwan.

If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

In this case, proceeding with two trademark applications has the following advantages:

  1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
  2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
  3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.

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Does having a registered trademark in Taiwan give me any right?

Registration is obligatory to establish ownership to a trademark. Registering a trademark is recommendable in Taiwan. This jurisdiction follows the first-to-file principle.

 
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What is the web address of the trademark national office?

The national trademark office of Taiwan is accessible online at the following URL: http://www.tipo.gov.tw.

 
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Is there any need to use my trademark before I apply for registration?

No. It is not required to actually use the mark or to have intention to use the mark prior to application.

 
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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • proprietary rights
  • the mark is descriptive
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • the mark is functional
  • breach of copyright
  • rights of notorious or well-known marks
  • rights of protected armorial bearings, flags and other State emblems
  • registration in the name of the agent or other representative of the proprietor of the mark
  • rights in a trade names
  • registered design rights
  • rights in a personal name
  • the mark is generic
  • the mark consists of a geographical indication
  • the mark is against public policy or principles of morality
  • the trademark infringes another's patent or other rights as affirmed by the court's final decision
 
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Who can contest my trademark application?

Anyone may oppose an application.

 
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Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • earlier conflicting registration
  • the mark is generic
  • the mark is descriptive
  • the mark is functional
  • the mark is not distinctive
  • breach of copyright
  • the mark is misleading, deceptive or disparaging
  • rights of notorious or well-known marks
  • rights of protected armorial bearings, flags and other State emblems
  • rights in trade names
  • registration in the name of the agent or other representative of the proprietor of the mark
  • rights in a personal name
  • registered design rights
  • the mark is against public policy or principles of morality
  • the mark consists of a geographical indication
  • the trademark infringes another's patent or other rights as affirmed by the court's final decision
 
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Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to license other third parties to use the trademark
  • the right to apply for seizure by customs authorities for importation of counterfeit goods
  • the right to oppose subsequent conflicting applications
  • the right to bring a cancellation action against a subsequent conflicting registration
  • the right to sue for infringement against confusingly similar third-party trademark use
  • the right to obtain damages for infringement
 
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How long is the opposition period?

The opposition period begins on the date of registration.

 

The opposition period ends three months after the registration date.

 
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Is Taiwan a member of the Madrid System?

Taiwan is not a signatory to either the Madrid Agreement or the Madrid Protocol.

 
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Do I need to present periodic statement of use?

Periodic statements of use are not required.

 
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When should I renew my trademark?

Subsequent renewals last for 10 years from the renewal date of the registration.

 
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What will be the renewal date of my trademark?

The first renewal date of a trademark registration is 10 years from the registration grant date.

 
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Is there any documentation that should be presented when renewing a trademark?

A power of attorney is required for renewals.

 
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If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is 6 months.

 
Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the "Nice International Classification".

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use the identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

 
Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? In the United States, under what common law, people can lay claim to a mark if they use it. It is not necessary to formally register a trademark. This fact and the sovereignty states have over the creation of chartered business entities and trade names, makes a trademark search imperative before one spends time and money registered a trademark.     

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

 
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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use free online resources like our Trademark Searchengine, or the Trademark Electronic Search System(TESS) offered to the public by the US Patent and Trademark Office(USPTO) to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that show no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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How do I perform a trademark search?

First, we recommend your start by defining the class you want to register. You can find your class, using our Trademark Class Search tool. Using this tool you enter your product/service, and it will tell you the class or classes you should register.

After you have found your class(es), you can go directly to your country's Trademark Office and perform the search there. You can also try our Trademark Search engines. 

When searching, try different combinations of your name. For example, if you are searching for AMAZON, look for AMASON, HAMAZON, or similar word patterns. Try several different combinations of words and spellings.

Notice that several countries do not have online trademarks databases. You must go to local Trademark Office and ask for a list of trademarks.

Trademark Search may be challenging and time-consuming and, if you do not have the time or experience, our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where you might want to register your trademark, it will also include a list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

 
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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using our Trademark Search engine. If not, we recommend hiring a trademark attorney or trademark service like Marcaria.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Marcaria.com Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

 

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