Taiwan has its own independent trademark registration system. To obtain intellectual property protection for a trademark in Taiwan, applicants must follow Taiwan's intellectual property laws and register their trademark in the region. The Intellectual Property Office (IPO) under the Ministry of Economic Affairs of the Executive Yuan oversees trademark matters in Taiwan, and the official language is Chinese. Taiwan is not a member of the Madrid System, so trademark registration must be applied for separately. Taiwan's trademark registration operates on a "first-to-file" principle, although under certain circumstances, trademark rights can be claimed based on "prior use." Exclusive trademark rights must be obtained through registration.
Taiwan adopts the Nice Classification for goods and services descriptions, but the region also has its own classification groups and goods. Multi-class applications are accepted in Taiwan. Elements that can be registered as trademarks include: words, graphics, symbols, color combinations, three-dimensional shapes, dynamic marks, holograms, and sounds. If the applicant is not a resident of Taiwan, they must appoint a local agent to handle the application.
Taiwan follows the International Nice Classification system. Trademark registration is filed based on goods/services categories (Classes 1–34 are goods, and Classes 35–45 are services).
Taiwan's Trademark Act introduced the priority system in 1993. However, since Taiwan is not a member of the Paris Convention, the convention cannot be directly applied. Nonetheless, Taiwan is a member of the World Trade Organization (WTO) under its designation as a separate customs territory, and therefore complies with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Article 2 of Part I of the TRIPS Agreement states: "Members shall comply with Articles 1 through 12 and Article 19 of the Paris Convention." Additionally, Taiwan has signed bilateral or multilateral agreements with certain countries to recognize priority rights.
The trademark priority system allows applicants to backdate their filing date by up to six months, effectively reducing the risk of cross-border trademark hijacking and blocking subsequent similar trademark applications. Trademark applicants should make full use of the priority system.
Trademark applications undergo both formal examination and substantive examination. The formal examination checks the completeness and accuracy of application documents, while the substantive examination assesses the distinctiveness of the trademark, whether it violates any prohibitions, and whether it conflicts with prior trademarks. Once the examination is passed, the trademark will be approved, and a certificate will be issued along with a public announcement.
Upon approval, the trademark will be published for a three-month opposition period. 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 if the opposition is dismissed, the trademark will be registered, and a registration certificate will be issued.
The protection period for a registered trademark is 10 years from the date of registration and can be renewed indefinitely (each renewal lasts 10 years). Renewals must be filed within six months before the expiration date. A six-month grace period is available for late renewals (subject to additional fees). If the trademark is not renewed during the grace period, it cannot be reinstated.
