Trademarks (including service marks), collective marks, collective
membership marks and certification marks are valid for 10 years from
the date of registration.
An applicant may claim the priority based on a corresponding application
in foreign country provided that the country allows Taiwanese (R.O.C.)
residents and companies to claim priority based on reciprocity.
*** Currently, applicants from all the member countries of the WTO
may claim priority in Taiwan.
(First to File System)
In general, the first application is entitled to registration, unless
the mark used by the first applicant will cause
confusion to consumers, or the mark is violating patent, trademark,
copyright or other right of others which has
been judged by the court.
(Period of Examination)
It generally takes about 8 months from filing date for Taiwan Intellectual
Property Office (TIPO) to complete the
examination and issue a first Office Action or Notice of Allowance.
(Payment of Registration
If a mark is granted for registration, the applicant should make
payment of the registration fees within 2 months
accounting from the next day of receiving the Notice of Allowance.
Upon receiving the payment of the registration fees, the TIPO directly
grants for registration, publishes the registered mark on the Official
Trademark Gazette, and issues a Certificate of Registration.
Any interested parties may file opposition(s) within 3 months from
the date of publication of trademark registration(s).
After registration, a registered mark must commence using within
3 years from its registration date, or it will be
vulnerable to cancellation by third party.
(Renewal of Registration)
A registration can be renewed for a like period of 10 years within
a period of 6 moths before its expired date. There is a grace period
of 6 months for the renewal upon paying double official fee.