To get a quote from this office for a trademark application in Taiwan please e-mail to:

trademark@dr-pen-and-associates.com

attaching the following data, if possible:

Name, Nationality and Address of Applicant.
Goods that wish to designate for trademark application.
Trademark specimen in electronic format.

We will be very happy to get back to you very quickly!

 

 

 

 

 

General Information on Trademark Application in Taiwan

TYPE of TAIWAN TRADEMARK--According to the amended Trademark Law effected November 28, 2003, no more service mark application shall be accepted thereafter. The three types of trademark that could be claimed in Taiwan are:
Trademark
Certificate Mark
Collective Mark
VALID TERM of TAIWAN TRADEMARK--A registered trademark is valid for 10 years from filing date and can be renewed every 10 years.
 
SEARCH
To avoid possible conflict, a trademark search in Taiwan is suggested before filling an application. Please note the searching system is in Chinese only.
REQUIREMENT FOR FILING OF A TAIWAN TRADEMARK
Name, Nationality and Address of Applicant.  Please note that if the nationality of applicant is P.R. China or Hong Kong, the certificate of the corporation (legal person)/personal identification documents (natural person) will be necessary.
Executed Power of Attorney (No notarization required)
Goods that wish to designate for trademark application.
Trademark specimen in electronic file.
Certified Priority Documents (with specific country, filing date and application number), if any.
Above-mentioned documents can be submitted within 3 months from the filing date.

 

URGENT FILING
  In case of a urgent filing, please provide us the following information first:
Name, Nationality and Address of Applicant(s)
Priority information: 1) Country, 2) Filing date and 3) Application number
Trademark specimen in electronic file.
Goods that wish to designate for trademark application.
Other requirements mentioned in "Requirement for Filing" can also be submitted within 3 months from the filing date.
   
PRIORITY
The certified priority document can be submitted within 3 months from the filing date.

FAQ:
(Q1) Can a foreign corresponding priority be claimed in Taiwan?
(A1) Taiwan is a member of WTO (World Trade Organization), thus the priority claim of patent or trademark from any WTO contractual states can be accepted in Taiwan (including PCT and /or the EPC applications from any WTO  members).

EXAMINATION
Generally, it takes 10-12 months for the examination procedure. Once the application being accepted by the Examiner, the trademark will be published in the Trademark Gazette.
Adversely, the applicant might receive a Notice of Refusal which indicates examiner's concerns.
OFFICIAL ACTIONS
The following Office Actions you might receive after examination:
Amendment
Examiner has some concerns in designated goods of the application. The applicant should submit a written response to clarify examiner's doubt.
Preliminary Rejection
Similar registered mark might be found by the examiner. The applicant should submit a written response to emphasize the difference between cited marks and present application.
Rejection
The applicant must file a re-examination to prevent the abandonment of rejected application.

FAQ:
(Q2) What will happen if a registered mark is not being use?
(A2) A cancellation of the registered mark might be filed by a third party after the mark has not being use for 3 years.

PUBLICATION
Once fulfill above-mentioned details, the trademark will be published in the Trademark Gazette.
RENEWAL
A request for a registered trademark renewal shall be made within 6 months prior to the expiration of the 10-year term.
A make-up payment of renewal fee (doubled official fee) can be made within six months from the due date of original expiration.

FLOW CHART OF THE EXAMINATION PROCEDURE