Trademarks in Taiwan

Competent Authority

Trademark registration in Taiwan is administered by the Taiwan Intellectual Property Office (TIPO), operating under the Ministry of Economic Affairs, located in Taipei. The official working language of the office is Traditional Chinese, and the system is national.

International Agreements

While Taiwan is not a member of the United Nations or the Madrid System (meaning international Madrid designations cannot extend to Taiwan), it is a member of the World Trade Organization (WTO) and applies reciprocal principles under the Paris Convention for the Protection of Industrial Property, allowing priority claims based on foreign filings.

Who Apply May Apply

Natural persons and corporate entities engaging in commercial or industrial activities may apply. Foreign applicants who do not have a domicile or an established business place in Taiwan are legally required to act through a licensed local trademark agent. A signed Power of Attorney (POA) is required, which under standard practices does not require consular legalization or notarization.

Online Filing and Search

Electronic filings, digital tracking, and submissions are fully supported through TIPO's online electronic portal system. Preliminary availability and clearance searches of the national trademark database can be conducted online via TIPO's public search database free of charge.

Registrable Sign Types

Taiwan provides broad protection for both traditional marks (words, names, letters, numerals, figurative devices) and non-traditional marks (3D shapes, packaging configurations, colors, sounds, motions, holograms, and dynamic signs) capable of distinguishing commercial origins. Foreign text or non-Chinese characters require appropriate Mandarin translations and transliterations.

Classification

Taiwan follows the international Nice Classification system for the registration of goods and services. Multi-class applications are fully supported, allowing a single application to cover multiple classes subject to class-specific fee structures.

Examination

TIPO conducts a formal administrative examination for filing completeness, followed by a substantive examination covering absolute grounds for refusal (such as lack of distinctiveness) and relative grounds (conflicts with prior registered or pending marks on the national database). Applicants are given strict statutory deadlines to respond in writing to any issued Office Actions or preliminary rejections.

Publication and Opposition

Applications that successfully pass substantive examination are published in the official Taiwan Trademark Gazette. Any interested third party may file a formal notice of opposition against the registration of the trademark within a strict statutory window of 3 months from the publication date.

Timelines

An unopposed standard trademark application typically takes an average of 6 to 9 months from initial electronic filing to final registration certificate issuance.

Official Fees

Official state fees are denominated in New Taiwan Dollars (NTD / TWD) under official TIPO schedules, covering baseline application filings per class, additional class sub-charges, and final certificate issuance fees.

Protection Duration and Renewal

Trademark protection is valid for 10 years starting directly from the official date of registration (rather than the application filing date). Registrations can be renewed indefinitely for successive 10-year periods upon submitting a renewal request within the final 6 months prior to expiration, backed by a 6-month late grace period subject to surcharges.

Use Requirements

A registered trademark is vulnerable to cancellation or revocation actions if it has not been put to genuine commercial use in Taiwan for a continuous period of 3 consecutive years following registration. Taiwan operates primarily on a first-to-file priority framework.

Post-Registration Procedures

Post-registration changes—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with TIPO to ensure full legal validity and enforceability against third parties.

Legal Remedies

Legal remedies include administrative opposition and invalidation proceedings before TIPO, civil and criminal infringement litigation before designated intellectual property courts seeking permanent injunctions, damages, and the seizure of counterfeit merchandise.

Country-Specific Risks and Practical Notes

Because foreign applicants must mandate a local registered representative and navigate TIPO's distinct substantive examination criteria regarding distinctiveness (especially for foreign words or slogans), conducting exhaustive pre-filing clearance searches and utilizing accurate Chinese character transliterations are vital steps to avoid office actions.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.