Any domestic or foreign individual, legal entity who use trademarks to identify the goods or services they offer in trade, may file a trademark application in the name of the individual, or legal entity.
l The protection term for a registered trademark is ten (10) years, beginning from the registration date.
l The protection term can be renewed every ten years for a period of 10 years.
A trademark applicant who has first filed a trademark application in a World Trade Organization (WTO) member state may claim priority for their Taiwan application. The applicant has a maximum period of (6) six months from filing in the WTO state to claim priority in Taiwan. Taiwan is NOT a member country of the PCT, and as such, priority can not be claimed based on a PCT application.
Types of Marks
· Trade Marks
· Service Marks
· Collective Marks
· Certification Marks
l Automatic examination: A new trademark application is first examined as to formalities with regard to its requisite documents and the specification of goods/services.
l The application is then examined for distinctiveness and non-deceptiveness. A search is conducted for prior conflicting or similar marks that may be cited against the application. If any problems are identified, the examiner will issue official objections and the response time for these objections is usually 30 days, with an extension available on request.
l Time frame: Normally, Taiwan Intellectual Property Office (TIPO) issues a decision within 8 to 10 months after it receives all supporting documents.