Intellectual Property Office （IPO）

4-10 months （6-8 months on average）

（Depending on the number of pending cases, review efficiency of examiners and necessity of additional revisions or response procedures）

Prior to the submission of trademark applications, we conduct a preliminary search via the trademark search system of the Taiwan Intellectual Property Office to assess potential obstacles during the registration process. Our trademark search report not only lists the potential conflicts with prior filed/registered marks (appearance/sound/meaning/image) but it also contains comprehensive comments of inherent registrability set forth in the relevant laws (e.g., lack of distinctiveness) and professional opinions on the possibility of registration of the proposed trademark.

After it has been confirmed that the trademark registration contents are consistent with the customer requirements, we fill out the required application form within 1~2 workdays (excluding weekends and public holidays) and submit it to the IPO to initiate the trademark application process. Within around 6~8 months after the completion of the trademark application procedures, the IPO notifies us about the review results and issues a Notice of Allowance or Notice of Preliminary Rejection. Upon receipt of the Notice of Allowance, we notify the customer in writing and inquire whether or not the payment of registration fees to the office on behalf of the customer is desired. Within around 30 days after payment (excluding weekends and public holidays), the trademark registration certificate is issued, which initiates a 3-month publication period. If a Notice of Preliminary Rejection is received, we provide a case analysis and recommended strategies, and notify the customer about the statutory periods in writing. Upon confirmation of the recommended strategies by the customer, we initiate the follow-up petition, response or amendment procedures. The IPO reaches a final decision within around 2~6 months.

Valid for 10 years after registration

Applications for renewal may be submitted 6 months prior to the expiration date (trademarks may be renewed for an unlimited number of 10-year terms)

Where registered trademarks are not used for three consecutive years or original trademarks are used instead, the said trademarks shall be considered unused and may be cancelled.

1. The Taiwanese trademark system is based on the first-to-register principle. Trademark use is not a main criterion for registration and proof of actual use is not required for application.

2. The Taiwanese trademark system adopts a parallel system of certificate issue and publication. Despite the fact that the applicant holds a trademark registration certificate during the publication period, opposition may still be filed, which can ultimately lead to the cancellation of registrations.

3. Coexistence agreements are applicable to Taiwanese trademarks. Unless the overall appearance and identified goods or services are completely identical, the examiners tend to respect the contents of agreements concluded by the two parties and allow the coexistence of two similar trademarks.

4. Taiwanese trademarks are also based on a disclaimer system. Parts of the trademark that lack distinctiveness must be disclaimed exclusive right prior to registration. Registration is not possible if trademarks are composed entirely of non-distinctive parts. The distinctiveness of trademarks is determined based on the local customs and traditions in Taiwan. Even if trademarks have been successfully registered in other countries, it is still possible under rare circumstances that Taiwanese trademark examiners consider them non-distinctive.

5. Despite the fact that both single-class and multi-class applications are available, it is recommended that single-class applications be submitted since the filing fees, registration fees and renewal fees are calculated "per class" rather than "per application" and division fees are incurred in case of controversies.

6. The actual use of the trademark must be consistent with the registered styles. Changing the used patterns at will, or only using specific image or text (Chinese/English) elements of the registered trademark is not allowed. This may lead to the cancellation of the registered trademark.