中文
Taiwan

Taiwan has an independent trademark registration system. To obtain intellectual property protection in Taiwan, applicants must follow the relevant procedures under Taiwan’s intellectual property laws to register their trademarks and brands in the region. The Intellectual Property Office (TIPO) under the Ministry of Economic Affairs oversees all trademark-related matters, with the official language being Chinese. Taiwan is a signatory to international intellectual property treaties such as the Paris Convention and the TRIPS Agreement; however, it has not yet joined the Madrid System, meaning that trademark applications must be filed individually in Taiwan. The trademark registration system in Taiwan follows the "first-to-file" principle, although in certain circumstances, trademark rights may also be claimed based on "prior use." Exclusive trademark rights must be obtained through registration.

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The Taiwan trademark registration system adopts the Nice Classification for goods and services descriptions, but the region has its own classification groupings and specific goods descriptions. Multi-class applications are accepted. Elements that can be registered as trademarks in Taiwan include words, graphics, symbols, color combinations, three-dimensional shapes, motion marks, holograms, and sounds. For applicants residing outside Taiwan, a local agent must be appointed to handle the application process.

Classification

Taiwan uses the international Nice Classification system, with goods categorized under classes 1–34 and services under classes 35–45.

Convention Priority

Under the Paris Convention, applicants can claim a priority period of six months, provided that supporting documents for priority claims are submitted.

Examination Process

Trademark applications undergo both formal examination and substantive examination. Formal examination involves verifying the completeness and accuracy of the application documents, while substantive examination reviews the distinctiveness of the trademark, compliance with prohibited or restricted registration provisions, and potential conflicts with prior trademarks. Once approved, the trademark will be published for public notice.

Opposition

The publication period for trademarks in Taiwan is three months. During this time, any third party may file an opposition. If the opposition is upheld, the trademark application will be rejected. If no opposition is filed or the opposition is dismissed, the trademark will proceed to registration, and a registration certificate will be issued.

Validity and Renewal

Trademark protection lasts for 10 years from the date of registration and can be renewed indefinitely, with each renewal extending the validity by 10 years. Renewal applications must be filed within six months before the expiration date. A six-month grace period is available for late renewals, subject to additional fees. However, trademarks that are not renewed within the grace period cannot be restored.

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