Trademark- Taiwan


The trademark is a logo or brand to be used on protecting indication of names or specimen on goods or services. Trademark can contain words, signs, figures etc. Non-conventional marks such as 3- Dimensional mark, color mark, scent mark, sound mark, motion mark or hologram mark etc. can all be registered in Taiwan as long as the mark is distinctive.


  1. Establishing brand, trademark can enhance loyalty of brand by customers and increase the market sales or profits.
  2. Excluding others from using identical or similar marks, and claim compensation when there is trademark infringement.
  3. There is property value for trademark, and therefore can be sold or licensed for royalties.
  4. The trademark proprietor can request Custom watch over import or export of counterfeits which infringes trademark right.

Application Procedure

  1. Conducting similarity search: search and check whether there is similar prior trademark.
  2. Filing trademark application with TIPO: It takes about 6-8 months for TIPO to examine the trademark application.
  3. Granting: the applicant shall pay registration fee to obtain trademark right. The duration of trademark right is 10 years from registration date, and can be renewed to next 10 years subject to renewal fee.
  4. Publication: The trademark registration is published 3 months after issuance for opposition.(public examination).

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English, the ID number or Corporation Unified Code if the applicant is Taiwanese or Taiwan corporations.
  2. International classification and designated goods/services
  3. Mark specimen in JPEG
  4. Power of Attorney

Frequently-asked questions

Q1. What is the differences between trademarks and company names?

A:Trademark is a brand indicating the source of goods or services, while company names are indication names of business entity. Trademarks and company names are subject to various law and examination guidelines, they are both registered or recorded by different administrative authorities. Trademark is examined and registered by TIPO, while company names are examined and recorded by Ministry of Economics or City government.

Q2. Can I use the brand without registering trademark?

A:Yes, but the user of mark is unable to claim trademark protection to exclude third parties from using identical or similar mark. And it is likely the identical or similar mark has been registered previously and this may cause trademark infringement when using the same mark. Hence, the mark user cannot use the mark free of infringement risk if the mark in use is not registered as trademark.

Q3. What are benefits of registering trademark?

A.Unregistered mark cannot enjoy exclusive right of using the mark, and the user cannot exclude other parties from using the same mark. If the mark is filed and examined by Taiwan IPO, the trademark use after registration can reduce disputes and risks of infringement.

Q4. What is the difference if trademark is filed in the name of individual and company?

A.After the trademark application is allowed and registered, the applicant is trademark right holder. If the company is owned solely by one shareholder, there is no much difference if the trademark is registered under the name of individual or company. However, the trademark owner is the company itself if the company are owned by several shareholders, and there are more difference in proof of use and transfer of trademark right.

Q5. How should the applicant choose the mark specimen to be filed in application?

A.After the trademark is registered, the proprietor has the duty to keep using the registered trademark in proper way. When the registered mark is used, the specimen and mark use for designated goods shall be consistent with the scope and mark as registered. In this case, it can avoid the risk of being cancelled because the mark in use is changed to cause confusion of similarity with other trademarks or the use evidences are not considered as use of the mark as registered.

Q6.How should the applicant choose the designated goods or services for filing application?

A:The designated goods or services are the scope of protection after the mark is registered. When filing the trademark application, the designated goods or services shall be listed specifically. And no expansion or more designation of goods/services are allowed after filing date.