Trademarks Law in Taiwan
Here’s an overview of Trademarks Law in Taiwan:
Trademarks Law in Taiwan
Legal Framework
Trademark protection in Taiwan is governed by the Trademark Act (商標法), originally enacted in 1923 and amended multiple times, most recently updated in the 2010s.
Taiwan is a member of the Paris Convention and the Madrid Protocol (joined in 2019).
Taiwan’s system operates under the Intellectual Property Office (TIPO), which administers trademark registration and enforcement.
Key Features:
Definition of a Trademark
A trademark is any sign capable of being graphically represented and distinguishing the goods or services of one business from those of others. This includes words, logos, letters, numerals, shapes, colors, sounds, and combinations.
Registration Process
Applications are filed with the Taiwan Intellectual Property Office (TIPO).
The application must include a clear representation of the mark and specification of goods/services according to the Nice Classification.
TIPO examines the application for formalities, distinctiveness, and conflicts with prior marks.
Accepted applications are published for opposition within 3 months.
Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
Registrations may be renewed indefinitely for successive 10-year terms upon payment of renewal fees.
Rights Conferred
The owner gains exclusive rights to use the trademark on the registered goods or services in Taiwan.
The trademark owner can prevent unauthorized use, imitation, or infringement.
Grounds for Refusal
Marks lacking distinctiveness or being generic or descriptive without acquired distinctiveness.
Marks confusingly similar to prior registered trademarks.
Marks contrary to public order, morality, or misleading.
Opposition and Cancellation
Third parties may file oppositions within 3 months after publication.
Registered trademarks can be canceled for non-use (if unused for 3 consecutive years) or invalidated for other legal reasons.
Infringement and Enforcement
Trademark infringement may result in civil lawsuits, injunctions, damages, and criminal penalties.
Customs authorities collaborate to prevent counterfeit imports.
International Protection
Taiwan joined the Madrid Protocol in 2019, enabling international trademark applications designating Taiwan.
Taiwan also honors priority rights under the Paris Convention.
Summary
Taiwan’s trademark system is modern and well-aligned with international standards, administered by TIPO. It offers strong protection with straightforward registration, opposition, and enforcement mechanisms.
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