Under Taiwan's Trademark Act, any word, characters, device, symbol, colour, sound, three-dimensional shape, or combination thereof may be registered as a trademark, provided it is distinctive. Service marks, certification marks, and collective marks are also registrable.
A trademark registration is valid for 10 years from the date of registration and is renewable indefinitely for further 10-year periods. However, if a registered trademark is not used for any continuous three-year period after registration, any third party may apply to cancel the registration on the ground of non-use. The same non-use cancellation rule continues to apply after renewal.
Applications are filed at the Taiwan Intellectual Property Office (TIPO). The application undergoes a formal examination followed by a substantive examination, which assesses distinctiveness and searches for conflicting prior marks.
If the application does not conform to requirements, it will be rejected. The applicant may lodge an Administrative Appeal within 30 days of the decision.
If the application passes examination, TIPO will issue a Notice of Allowance. The applicant must pay the registration fee within two months of receipt. Upon payment, the mark is registered and published in the Trademark Gazette.
Following publication, any person may file an opposition within three months. Where an opposition is filed, a re-examination takes place and a decision of approval or rejection is issued. An Administrative Appeal may be lodged against that decision within 30 days.
The certificate of registration is issued on the date the mark is published in the Trademark Gazette. The three-month opposition period runs from the date of publication, during which any person may file an opposition against the registration. The typical processing time from filing to registration is approximately 5–7 months, or 4–5 months under the fast-track electronic filing option.
The following are required to file a trademark application in Taiwan:
A representation of the trademark.
A specification of goods or services (International Classification).
The applicant's name, address, and country.
A simply signed Power of Attorney (notarization and legalization are not required) must be submitted within two months of the filing date. Where priority is claimed, a certified copy of the priority document must also be provided within three months of the filing date.