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[null,"Prepared By:","Contributors:"]
[null,"Tsar & Tsai Law Firm","Joyce Ho"]
[]
[]
[]
["Trademarks"]
[]
["Report Generated: 5/2/2025"]
[]
["View your report results on next tab"]

{"sheet":"Trademarks","index":1,"n_rows":26,"n_cols":2,"rows_kept":26,"cut":false,"hidden":false,"merged":[]}
["Question","Taiwan"]
["General"]
["What is the system for trademark protection in your country?"," The system for trademark protection in Taiwan includes: \n\n \n\t Registration \n \n"]
["To which international treaties does your country belong?","Taiwan does not belong to any international treaties. \n"]
["Registration System"]
["What are the benefits of registering a trademark in your country?"," The benefits of registering a trademark in Taiwan include: \n\n \n\t It is the only form of protection available for trademarks \n \n"]
["Is it possible to obtain registration for the following types of marks under the registration system in your country?","Service marksYes\nDefensive marksNo\nCollective marksYes, an association, society or any other group (“\nAssociation”) 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 \nAssociation’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.\nCertification marksYes, 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.\nWell-known marksNo\nSeries marksNo\nMarks in a different language or characters other than Roman charactersYes\nNon-traditional marks: Sound marksYes, 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.\nNon-traditional marks: Smell marksAn application is required to submit the sample and the written description (e.g. ) of the smell mark.\nNon-traditional marks: Position marksYes, 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.\nNon-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.\nNon-traditional marks: Shape or three-dimensional marksYes, 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.\n"]
["Trademark Filing"]
["What are the documents and information required for filing a trademark application in your country?"," Documents and information required to file a trademark application in Taiwan include: \n\n \n\t Name and address of the applicant \n\t Representation of the trademark \n\t Goods and services and the class(es) for which the trademark is to be registered \n\t Power of Attorney \n \n"]
["Are multi-class applications permitted in your country?","Yes, multi-class applications are permitted in Taiwan. There is no limitation of the maximum number of classes prescribed for each application.\n"]
["Trademark Examination"]
["Is there substantive examination of trademarks?"," Yes, there are substantive examinations of trademarks in Taiwan on the following grounds: \n\n \n\t Substantive \n\t Relative grounds \n \n"]
["What are the absolute grounds for refusal?"," Absolute grounds for refusal of a trademark in Taiwan include: \n\n \n\t Mark has direct reference to the character or quality of the goods or services \n\t Mark is not distinctive \n \n"]
["What are the relative grounds for refusal?"," Relative grounds for refusal of a trademark in Taiwan include: \n\n \n\t 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 \n\t 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 \n\t 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 \n\t 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. \n \n"]
["Timeline"]
["What is the time period from application to registration for a straightforward trademark application in your country?","The time period from application to registration in Taiwan is between 6-12 months. \n"]
["Renewal (Maintenance of trademark registration)"]
["Is late renewal of a trademark registration permissible in your country?","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.\n"]
["Use Requirement"]
["Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?","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. \n"]
["Licensing"]
["Are trademark licensees required to record themselves with the Registrar?","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.\n"]
["Enforcement"]
["What are the available enforcement methods in your country?"," Available enforcement methods in Taiwan include: \n\n \n\t Civil enforcement\n\t \n\t\t Infringement action \n\t\t Passing off \n\t \n\t \n\t Criminal enforcement \n\t Border or other administrative enforcement measures \n \n"]
["Peculiarities"]
["Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?","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 \nTrademark 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 \nFair Trade Act."]