Trademark Registration in Taiwan

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Acquire Your Trademarks in Taiwan and China

Licence Your Trademarks in Taiwan and China

Our Affiliated company, Evershine CPAs Firm Trademark Registration Service Department , will co-serve you.

Admission of foreign application

An application for trademark registration, filed by a national of a country other than the Republic of China (ROC), may be inadmissible if such country does not accede to any international treaty for protection of trademarks, to which the ROC accedes, or does not conclude with the ROC any treaty or agreement for reciprocal protection of trademarks, or does not admit applications for trademark registration filed by nationals of the ROC.

Use of trademark

“Use of a trademark” means any of the following act, in the course of trade, where such trademark is capable of being recognized by relevant consumers as a trademark:

  1. to apply a trademark to goods or packaging or containers thereof;
  2. to possess, display, sell, export, or import the goods referred to in the preceding subparagraph;
  3. to apply a trademark to articles relating to the provision of services; or
  4. to apply a trademark to commercial documents or advertisements relating to goods or services.

The preceding paragraph shall also apply to acts performed by digital audio-visual means, through electronic media, on the Internet, or through other media.

Application for registration of jointly owned trademark

When there are two or more persons who wish to jointly own a trademark, the application shall be filed in the names of all the joint applicants. The joint applicants may also elect one of them to represent all the joint applicants in the process of application for registration and related affairs, and receive relevant documents on their behalf.

In the absence of electing a representative referred to in the preceding paragraph, the Registrar Office shall assign the first-listed joint applicant in the application as the person to be served upon and shall give the subsequent joint applicants a notice of such service matters.

Inadmissibility of application; restoration to status quo ante

Unless otherwise prescribed in this Act, an application or other proceedings of trademark shall be inadmissible if an applicant, holder or other interested person thereof has failed to comply within the statutory period, to conform to legal formality that cannot be amended, or to conform to legal formality which is not amended within the period specified in a notice. However, if the failure to conform to legal formality which is not amended within the specified period has been amended before the disposition is rendered, such application or proceeding shall still be admissible.

Where an applicant, holder or other interested person has failed to comply within the statutory period by reason of an act of God or any event not attributable to such applicant, holder or interested person, he/she may request for restoration to the status quo ante, within thirty days from the day following the date on which the cause vanishes, by submitting a written statement to the Registrar Office clarifying the reason. No request for restoration to the status quo ante may be made upon the failure to comply within the statutory period for more than one year.

When requesting for restoration to the status quo ante, the omitted act that should have been done within the statutory period shall be completed together with the request for restoration.

The preceding two paragraphs shall not apply to the failure to comply within the period prescribed in Paragraph 3 of Article 32.

Service by publication

Where a disposition or any other document cannot be served, such disposition or document shall be published in the Trademark Gazette and shall be deemed having been duly served in thirty days from the day following the date of publication.

Trademark Gazette

The Registrar Office shall publish and circulate the Trademark Gazette, in which registered trademarks and relevant particulars shall be entered.

The Trademark Gazette referred to in the preceding paragraph may be published and circulated by electronic means; the date of commencement thereof shall be prescribed by the Registrar Office.

Provisions applied mutatis mutandis

The provisions of this Chapter with respect to trademarks shall apply mutatis mutandis to certification marks, collective membership marks, and collective trademarks.

Signs of which trademark may consist; distinctiveness

A trademark shall refer to any sign with distinctiveness, which may, in particular, consist of words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof.

The term “distinctiveness” used in the preceding paragraph refers to the character of a sign capable of being recognized by relevant consumers as an indication of the source of goods or services and distinguishing goods or services of one undertaking from those of other undertakings.

Application for trademark registration; date of filing

An application for trademark registration shall be made to the Registrar Office by filing an application containing (the name and address of) the applicant, a reproduction of the trademark, and the list of designated goods or services.

The date of filing of an application for trademark registration is the date on which an application referred to in the preceding paragraph is furnished to the Registrar Office.

A reproduction of the trademark shall be represented in a manner that is clear, precise, self-contained, objective, durable, easily accessible and intelligible.

An application for trademark registration shall relate to a single trademark, and may designate goods or services classified in two or more classes.

Classification of goods or services referred to in the preceding paragraph shall be prescribed by the Enforcement Rules of this Act.

The classification of goods or services referred to in the preceding paragraph shall not constrain the determination of similarity of goods or services.

Right of priority; same treatment for certain categories of persons as for nationals of ROC

An applicant who has duly filed an application for trademark registration in a country which has reciprocal recognition of priority rights with the ROC, or filed such application with a member of the World Trade Organization (WTO), may claim a right of priority, for the purposes of registering the same trademark in the ROC for some or all the same goods or services, within six months from the day following the date of filing of the first such application.

An applicant of a foreign country which is not a member of the WTO nor a country having reciprocal recognition of priority rights with the ROC, may claim a right of priority pursuant to the preceding paragraph if he/she is domiciled or has a business establishment in the territory of a country which has reciprocal recognition of priority rights with the ROC or in the territory of a member of the WTO.

An applicant who claims priority pursuant to paragraph 1 shall submit a written statement to that effect simultaneously with the application which shall set forth the following:

  1. the date of filing of the first application;
  2. the country or the member of the WTO in which the first application was made; and
  3. the application number of the first application.

The applicant shall submit, within three months from the day following the date of filing of the application, a copy of the application certified as admitted by the country or the member of the WTO referred to in the preceding paragraph.

If the statement or the copy of the application is not submitted pursuant to Subparagraph 1 or Subparagraph 2 of Paragraph 3 or the preceding paragraph, the priority claim shall be deemed not having been made.

If an application is filed with a claim of priority, the date of priority shall count as the date of filing.

If an application is filed with a claim of multiple priorities, the date of each priority shall count as the date of filing of goods or services in respect of such priority.

Division of application

An applicant may request the Registrar Office to divide an application for registration into two or more applications by distributing the designated goods or services included in the original application among divisional applications which shall preserve the filing date of the original application.

Definitions of certification mark and geographical certification mark

A certification mark is a sign that serves to certify a particular quality, accuracy, material, mode of manufacture, place of origin or other matters of another person’s goods or services by the proprietor of the certification mark and distinguish the goods or services from those that are not certified.

Where the certification mark referred to in the preceding paragraph serves to certify a place of origin, the goods or services from that geographical region shall have a given quality, reputation or other characteristic. An applicant may file an application for registration of a sign which contains such geographical name or is capable of indicating such geographical region as a geographical certification mark.

The Competent Authority shall coordinate with the central government authorities in charge of end enterprises in order to provide guidance and grants to industries that are in difficulties, industries that are on the verge of being in difficulties and traditional industries, to help them raise their productivity and the quality of their products; and to help them establish industry-specific certification marks to certify their products as made in Taiwan.

The regulations governing the identification, provision of guidance, objects and standards and duration of provision of grants, and other matters to be followed shall be prescribed by the Competent Authority in consultation with each central government authority in charge of end enterprises. If necessary, fees charged in connection with the certification mark may be waived.

Applicant of certification mark

Only a juridical person, a group or a government agency which is competent to certify another person’s goods or services shall be eligible to apply for registration of a certification mark.

An applicant referred to in the preceding paragraph who carries on a business of goods or services of the kind certified shall not file an application for registration of a certification mark.

Requirements of application for registration of certification mark

Any person who applies to register a certification mark shall submit documents proving such person’s capability to certify another person’s goods or services, regulations governing the use of the certification mark, and a declaration that such person does not carry on a business involving manufacture and marketing of goods or provision of services of the kind certified.

If there is any doubt about the representativeness of the applicant of an application for registration of a geographical certification mark, the Registrar Office may consult and seek advice from the central government authorities in charge of business related to such goods or services.

A foreign juridical person, group or government agency, who files an application for registration of a geographical certification mark, shall submit documents of proof of such geographical certification mark being protected in the name and country of origin of such applicant.

The regulations governing the use of the certification mark referred to in Paragraph 1 shall specify the following:

  1. the characteristics to be certified by the certification mark;
  2. the condition on the use of the certification mark;
  3. the method of managing and supervising the use of the certification mark; and
  4. the procedures for applying to use the certification mark and resolving disputes thereof.

The Registrar Office shall publish the registration of the certification mark along with regulations governing the use of such mark; any amendment of such regulations after registration is not effective unless the amended regulations are accepted and published by the Registrar Office.

Use of certification mark

“Use of a certification mark” means the use of such mark by any person who is allowed by the proprietor of such mark in accordance with the conditions prescribed in the regulations governing the use of such mark.

Definition of collective membership mark

A collective membership mark is a sign that serves to identify the membership of members in an association, society or any other group which is a juridical person and distinguish such members from those who are not members.

Requirements of application for registration of collective membership mark

An application for registration of a collective membership mark shall be made to the Registrar Office by filing an application containing relevant matters and the regulations governing the use of the collective membership mark.

The regulations governing the use of the collective membership mark referred to in Paragraph 1 shall specify the following:

  1. the qualification of the members,
  2. the condition on the use of the collective membership mark;
  3. the method of managing and supervising the use of the collective membership mark; and
  4. the provisions against any violation of the regulations.

Use of collective membership mark

“Use of a collective membership mark” means the use of such mark by any member to identify his/her membership in a group in accordance with the conditions prescribed in the regulations governing the use of such mark.

Definition of collective trademark and geographical collective trademark

A collective trademark is a sign that serves to indicate goods or services of a member in an association, society or any other group which is a juridical person and distinguish goods or services of such member from those of others who are not members.

Where the collective trademark referred to in the preceding paragraph serves to indicate a specific place of origin of goods or services of a member, such goods or services from that geographical region shall have a given quality, reputation or other characteristic. An applicant may file an application for registration of a sign which contains such geographical name or is capable of indicating such geographical region as a geographical collective trademark.

Requirements of application for registration of collective trademark

An application for registration of a collective trademark shall be made to the Registrar Office by filing an application designating goods or services and the regulations governing the use of the collective trademark.

The regulations governing the use of the collective trademark referred to in Paragraph 1 shall specify the following:

  1. the qualification of the members,
  2. the condition on the use of the collective trademark;
  3. the method of managing and supervising the use of the collective trademark; and
  4. the provisions against any violation of the regulations.

In addition to the matters which shall be specified referred to in the preceding paragraph, the regulations governing the use of the geographical collective trademark shall also specify that any person from the corresponding geographical region whose goods or services and qualifications comply with the conditions contained in such regulations may be allowed to become a member of the group by the proprietor of the geographical collective trademark.

The Registrar Office shall publish the registration of the collective trademark along with regulations governing the use of such mark; any amendment of such regulations after registration is not effective unless the amended regulations are accepted and published by the Registrar Office.

Use of collective trademark

“Use of a collective trademark” means the use of such mark by the group or any of its members in accordance with the conditions prescribed in the regulations governing the use of such mark.

Provisions applied mutatis mutandis to geographical collective trademark

Paragraph 2 and Paragraph 3 of Article 82 and Article 84 shall apply mutatis mutandis to geographical collective trademarks.


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Evershine CPAs Firm//Evershine IPO (Patent Attorney) Firm


Dale Chen Principal Partner CPA/Patent Attorney/MBA
Office Tel: +886-2-2717-0515 E100
Skype: daleccchen
e-mail:dalechen@evershinecpa.com

or
Taipei, Taiwan
Address: 6th Floor ,378, Chang Chung Rd, Taipei City, Taiwan
Jerry Chu Manager,Who graduated from USA graduate school and speak well in English
Office Tel: +886-2-2717-0515 E103
Mobile: +886-939-357-735
Email:sales.taiwan@evershinecpa.com