The system for trademark protection in Taiwan includes:

• Registration

Taiwan does not belong to any international treaties. 

The benefits of registering a trademark in Taiwan include:

• It is the only form of protection available for trademarks

Service marks

Yes

Defensive marks

No

Collective marks

Yes, an association, society or any other group (“Association”) which is a juridical person may apply for the registration of a collective trademark to serve to indicate a place of origin or certain quality, reputation or characteristic of goods or services of its members to distinguish goods or services of such member from those of others who are not its members. The Association’s regulations governing the qualifications to become its members and the methods of use of the collective trademark are also required to be submitted when the application is filed.

Certification marks

Yes, a juridical person, a group or a government agency that is competent to certify the place of origin or certain quality, reputation or characteristic of goods of services of another person may be eligible to apply for the registration of a certification trademark. The documents of proof of the applicant’s competence to certify another person’s goods or services, its regulations governing the use of the certification mark, and a declaration that it does not carry on a business involving manufacture and marketing of goods or provision of services of the kind certified are also required to be submitted with the application. A foreign applicant is also required to provide documents of proof of such geographical certification mark being protected in the name and country of origin of said applicant.

Well-known marks

No

Series marks

No

Marks in a different language or characters other than Roman characters

Yes

Non-traditional marks: Sound marks

Yes, an applicant is required to submit the audio file and the musical score (in the format of sheet music or numbered musical notations) in the application of the sound trademark.

Non-traditional marks: Smell marks

An application is required to submit the sample and the written description (e.g. ) of the smell mark.

Non-traditional marks: Position marks

Yes, an applicant of a position trademark is required to submit the image that shows how the mark is positioned and the description (including the color/color combination and the specific place of such mark) of the position trademark.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, an applicant of a color trademark is required to submit the image of the color trademark as well as the description.

Non-traditional marks: Shape or three-dimensional marks

Yes, an applicant of a three-dimensional trademark is required to submit the image (including the multi-view images up to six multi-view images as the maximum) and the written description of such a mark.

Documents and information required to file a trademark application in Taiwan include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney

Yes, multi-class applications are permitted in Taiwan. There is no limitation of the maximum number of classes prescribed for each application.

Yes, there are substantive examinations of trademarks in Taiwan on the following grounds:

• Substantive
• Relative grounds

Absolute grounds for refusal of a trademark in Taiwan include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive

Relative grounds for refusal of a trademark in Taiwan include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.

The time period from application to registration in Taiwan is between 6-12 months. 

Yes. Late renewal of trademark registration is permissible in Taiwan. The timeframe is within six months after the ten-year period expires to the extent that the extra one-time official fee of such late renewal is required.

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Taiwan. 

No, trademark licensees are not required to record themselves with the Registrar in Taiwan, however, it is recommended. After the trademark license is registered before Taiwan Intellectual Property Office, the trademark license shall be binding upon any third party as well as the assignee of such trademark (if any). After the exclusive trademark license is registered before Taiwan Intellectual Property Office, the exclusive licensee may prevent the licensed trademark from been used by the registrant of such trademark and any third party, and the exclusive licensee may also exercise (enforce) the rights of the licensed trademark in the name of the exclusive licensee.

Available enforcement methods in Taiwan include:

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Border or other administrative enforcement measures

In Taiwan, A non-use cancellation of a registered trademark that has not been continuously used by the registrant or its authorized user(s) for three years is available under Taiwan’s Trademark Act. In addition, a civil and/or administrative action based on the unfair competition claim to protect an unregistered well-known trademark and trade dress is also available under Taiwan’s Fair Trade Act.