You have  item(s) in your Shopping Cart
Delete Items Check Out
False
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 belows.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in the Taiwan, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorney's Analysis & Advice
Order
Step 2 - Trademark Registration Request
Specialized attorneys file your Trademark Application in the Taiwan and carry out all the necessary formalities to bring your application before the Taiwan Trademark Office for approval and registration. As soon as your trademark is filed, we send you a filing report that includes an application number and date, plus a scanned copy of the filed trademark application.
Process Handled by Experienced Trademark Attorneys
Filing the Report & a Scanned Copy of the application
Tracking the Registration Process Online
Order
Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in the Taiwan. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in the Taiwan.
Process Handled by Experienced Trademark Attorneys
Delivery of Registration Certificate & Report
Monitoring & Notification of Important Dates
Order
Basic
Extensive
One Class
Add. Class
One Class
Add. Class
One Class
Add. Class
Prices are in
 Frequently Asked Questions
Trademark Registration
Plus
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.

Plus
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.

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

Taiwan is the territorial limit of registration.

Plus
Do I need to sign a Power of Attorney?

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

Plus
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
Plus
Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

Plus
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
Plus
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
Plus
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
Plus
Does Taiwan use the "Nice Classification" system?

Taiwan uses the Nice Classification System.

Plus
Does the Community Trademark apply for Taiwan?

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

Plus
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.
Plus
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.

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

The initial term of a registration is 10 years.

Plus
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.

Plus
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.

Plus
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.

Plus
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.

Plus
What is the web address of the trademark national office?
Plus
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.

Plus
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
Plus
Who can contest my trademark application?

Anyone may oppose an application.

Plus
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
Plus
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
Plus
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.

Plus
Is Taiwan a member of the Madrid System?

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

Plus
Do I need to present periodic statement of use?

Periodic statements of use are not required.

Plus
When should I renew my trademark?

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

Plus
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.

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

A power of attorney is required for renewals.

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

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

Basic Concepts
Plus
What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by 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 trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

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

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

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. 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 services from others 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 alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  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.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights 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.

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

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use 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 or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
Plus
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 best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
Plus
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? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do 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.  The other company may object to you using the trademark and legally prohibit you from doing so.

Plus
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 seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

Plus
Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing 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 trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

View all

viewall