– Trade Mark Law promulgated on May 6, 1930 (effective from January 1, 1931), as amended on November 23, 1935, October 19, 1940, October 24, 1958, July 4, 1972, January 26, 1983, November 29, 1985, May 26, 1989, December 22, 1993, May 7, 1997, May 29, 2002, May 28, 2003 (effective from November 28, 2003), August 25, 2010 (effective from September 12, 2010), June 29, 2011 (effective from July 1, 2012), November 30, 2016 (effective from December 15, 2016), May 4, 2022, and May 24, 2023.

– Enforcement Rules of the Trade Mark Law promulgated on December 30, 1930 (effective from January 1, 1931), as amended on September 3, 1932, January 8, 1947, March 18, 1960, June 13, 1973, May 6, 1982, October 19, 1987, October 23, 1991, July 15, 1994, September 15, 1999, April 10, 2002, December 10, 2003, September 3, 2007, May 4, 2010, June 29, 2012, July 13, 2015, April 18, 2016, March 16, 2017, and June 7, 2018.

– WTO’s TRIPS Agreement, since January 1, 2002.

Applicant: individual(s) or corporation(s). Applications can be filed in the name of more than one individual or corporation. A partnership not incorporated may apply in the name of one of its partners representing the others. 

Foreigners: foreign nationals and corporations may apply and will be given national treatment provided that their country accepts applications by nationals of the Republic of China, Taiwan (hereinafter simplified as “Taiwan”) by treaty, by national law or de facto. However, following Taiwan’s accession to the WTO, national treatment can be applied to applicants who are subjects of whichever member to the WTO. The applicant having no domicile or residence or place of business in Taiwan must apply through an agent who does. 

Priority: the applicant who has lawfully applied for registration of a trademark in the country that has reciprocal priority recognition with Taiwan may claim priority if an application for registration is filed in Taiwan within six months counting from the day next to the first filing date. The countries that have reciprocal priority recognition include Australia, U.S.A, France and the European Union, El Salvador, Paraguay, and Guatemala. However, as of January 1, 2002, Taiwan’s accession to the WTO has further expanded the eligibility of priority claim to all the subjects of the WTO members. The claim of priority shall be declared at the same time as the application for registration is filed and in the application, the filing date and the country accepting the foreign application shall be stated. The applicant shall submit, within three months from the day next to the filing date, the filing number and the accepted application documents certified by the government of such foreign country.

Exhibition priority is admitted as from July 1, 2012. 

Types of mark: trademark (to identify both goods and services), collective trademark, collective membership mark and certification mark. Color, sound, three-dimensional marks, motions, holograms, and any signs with distinctiveness are available.

Registrable and non-registrable marks: any word, drawing, symbol, color, sound, three-dimensional shape, motions, holograms and any signs with distinctiveness or combination thereof is registrable except: (1) marks that lack distinctiveness unless secondary meaning is acquired (i.e. the mark has been used by the applicant and has become a symbol representing the applicant’s products or services in the market); (2) marks indicating the quality, purpose, material, place of origin or other description of the goods or services unless secondary meaning is acquired (i.e. the mark has been used by the applicant and has become a symbol representing the applicant’s products or services in the market); (3) a commonly-used mark or name of the designated goods or services; (4) trademark design which is necessary for performance of the function; (5) marks identical with or similar to the national flag, the national emblem, the national seal, military flags, military insignia, official seals, medals of Taiwan or the national flag of a foreign country, or the armorial bearings, national seals or other State emblems of foreign countries communicated by any member of the WTO under Paragraph 3 of Article 6ter of the Paris Convention; (6) marks identical with the portrait or name of Dr. Sun Yat-Sen or a Chief of State; (7) marks identical with or similar to the mark of a government agency or an official exhibition held thereby or medal or testimonial awarded thereby; (8) marks identical with or similar to the armorial bearings, flags, other emblems, abbreviations, and names, of international intergovernmental organizations or well-known domestic or foreign institutions undertaking businesses for public interests, and hence being likely to mislead the public; (9) marks identical with or similar to official signs and hallmarks indicating control and warranty adopted by the domestic or foreign countries, and being designated to the identical or similar goods or services; (10) marks in violation of public order or good morals; (11) marks likely to cause the public to misidentify or to have a mistaken belief in nature, quality or place of origin of the goods or services; (12) marks identical with or similar to another person’s famous trademark or mark so as to be likely to cause confusion and misidentification to relevant public or likely to dilute distinctiveness or reputation of famous trademark or mark; provided, however, that the applicant is applying for registration with the consent of the owner of the said famous trademark or mark; (13) marks identical with or similar to another person’s registered trademark or earlier filed trademark for the same or similar goods or services so as to be likely to cause confusion and misidentification to relevant consumers, provided, however, that the applicant is applying for registration with the consent of the owner of the registered trademark or earlier filed trademark and it is not obviously improper; (14) marks identical with or similar to a trademark firstly used by another person on the same or similar goods or services and existence of the trademark is acquainted by the applicant who has contract, geography, business or other relationship with the said another person, but files the application with intent to imitate the said firstly used trademark by another person, provided, however, that the applicant is applying for registration with the consent of the said another person; (15) marks containing the portrait of another person or famous name, stage name, pen name, alias; provided, however, that the applicant is applying registration with consent of the said person; (16) marks identical with or similar to the name of a famous juristic person, trade name or other organization so as to be likely to cause confusion and misidentification to relevant public; (17) there is a court’s judgment on a trademark having infringed upon another person’s copyright, patent right or other rights has become final; provided, however, that the applicant is applying for registration with the consent of said another person; (18) marks identical with or similar to a geographical indication for wines or spirits in the ROC or a foreign country, and being designated to goods that are identical with or similar to wines or spirits, where that foreign country concludes with the ROC an agreement, or accedes to an international treaty, to which the ROC also accedes, or has reciprocal recognition with the ROC of protection of geographical indications for wines or spirits.

Classification: the International Classification of Goods and Services applies. The goods/services in each class are further classified into several subclasses. 

Multi-class application system is adopted so that the applicant may file one application for the same trademark designating use on goods or services in more than one class. 

Division: in conformity with one application to designate multi-class system, a trademark application or registration, upon the applicant’s or registrant’s request, may be divided into more than one application or registration. Applications for division of trademark right can also be filed in the opposition and invalidation proceeding.

Filing requirements for an application (to be sent to resident agent):
1. Prints (5 for one application) for marks consisting of word, drawing, symbol, color in a size not less than 5 cm and not exceeding 8 cm in length and width;
2. Specification of goods or services to be covered (one application can cover more than one class of goods or services);
3. Power of attorney, simply signed;
4. Certified copy of priority document (if priority is claimed);
5. A description indicating the color or colors and the manner in which it is or they are used on the designated goods or services (if applying for registration of color trademarks);
6. 6 or less views depicting the three-dimensional shape and a description explaining the three-dimensional shape (if applying for registration of 3D trademarks);
7. 6 or less still images depicting the movement, a description explaining the movement in the sequential order, and an electronic data carrier (if applying for registration of motion trademarks);
8. 4 or less views of the trademark capturing the holographic effect in its entirety and a description explaining the hologram (if applying for registration of hologram trademarks);
9. A musical notation on a stave or a numerical musical score, along with a description of the trademark (or only a description of the trademark if the sound cannot be represented by a musical notation on a stave or a numerical musical score) and an electronic data carrier (if applying for registration of sound trademarks).

Minimum requirements on filing date: the name of applicant, class and goods or services to be covered, and prints of the mark. If priority is claimed, filing date, application number and country of the priority application are required. All formalities must be completed within a given period (usually thirty days).

Electronic filing: available.

Electronic signatures: are accepted.

For a change of name:
1. A scanned copy of the extract from the Commercial Register evidencing the change (no notarization or legalization), along with an English translation;
2. Power of attorney, simply signed (scanned copy is acceptable).

For a change of address:
1. Power of attorney, simply signed (scanned copy is acceptable);

Amendment of filed trademark applications: trademarks and designated goods/services cannot be amended after filing unless the amendment involves reduction of the designated goods/services or involves trademark design which does not substantially change such trademark design. 

Examination of registrability: begins after completion of formalities (prior use is not required) and takes at least eight months.

Fast-track examination: it is possible to file a "fast-track" trademark application if it meets the requirements of "fast-track" examination and an additional fee is paid. The examination period would be 1.5 to 2 months faster than the normal examination period.

Settlement of conflicting applications: when two or more persons apply separately for registration of an identical or similar trademark to be used on the same or similar goods or services on the same date so as to be likely to cause confusion and misidentification to relevant consumers and which application has been first filed cannot be ascertained, the applicants shall come to an agreement for settlement; if no agreement can be reached, it shall be decided by drawing lots. 

Registration fees and publication: after a trademark has been approved, the applicant shall pay the registration fees within two months from the next day that the approval decision is served. The trademark is then published for registration and a registration certificate will be issued. Upon failure to pay the fees within the specified time limit, the trademark will not be published for registration and the original decision of approval will become invalid.

Disclaimers: available. 

Letters of consent: accepted by the IP Office in order to overcome an objection based on an older registration. The letter of consent does not need notarization nor legalization, can be simply signed.

Registration: registration of the mark will be published after payment of the registration fees within two months from the day following the approval decision and a registration certificate will be issued (in paper format only). 

Duration: ten years from the date of registration.

Renewal: ten years each time. Application for renewal may be made within six months before or after the expiration of the existing period. Approval of renewal will be granted if the fee is paid. For an application filed within six months after the expiration of the period, double of the registration fees shall be paid.

Use: compulsory. Non-use for three years following registration or continued interruption of use for more than three years without justifiable reasons would constitute grounds for cancellation. Statutory definition for “use of a trademark” shall mean any of the following acts, 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 above provision shall also apply to acts performed by digital audio-visual means, through electronic media, on the Internet, or through other media. Therefore, advertisements on two-dimensional graphic picture, digital visual and audio form, electronic media can be considered as use of the trademark. Trademark use can be decided where the trademark is indicated on goods for export purpose or relevant articles.

Marking: marking is advisable but not required. 

Assignment: a trademark right is transferable. The transfer should be recorded at the IPO. It is not valid against any third party before it is recorded. 

Licenses: license, sub-licenses, exclusive and non-exclusive license are permitted but should be recorded at the IPO otherwise it will not be valid against any third party. If the trademark right is transferred after the license is recorded, the transferee is still bound by the license contract. 

Joint ownership: a trademark can be jointly filed for registration or jointly owned by two or more persons. Any transfer or abandonment of the right derived from an application for registration of a jointly owned trademark and any transfer of the share of a joint applicant in such trademark shall have the consent of all joint applicants. Similarly, any license, sub-license, transfer, abandonment of, or establishment of pledge on, the right in a jointly owned trademark or any transfer of or establishment of pledge on the share in a jointly owned trademark shall have the consent of all joint proprietors. 

Fair use: fair use and prior use of a trademark can be exempt from the exclusive right of a registered trademark. Exhaustion doctrine is also adopted.

Penalties against infringement: against infringement, the registrant or his licensee may demand (1) that the infringement ceases; (2) damages; (3) destruction of infringing articles and materials or implements used in infringing the trademark through civil action; and (4) publication of judgment of the court in newspapers at the infringer’s expense. Infringement is also a criminal act which may lead to a sentence of less than three years in prison and/or a fine of less than NT$ 200,000. Contributory infringement is admitted as from July 1, 2012. Without consent of the proprietor of a registered trademark, manufacturing, possessing, displaying, selling, exporting or importing labels, tags, packaging, containers or other articles that have not been applied to goods or services shall be deemed infringement, knowing that such articles would likely infringe trademark rights. A trademark owner may apply to the customs authorities to suspend the release of the imported or exported goods infringing his trademark right.

Opposition: any person may file an opposition against a trademark in violation of the Trade Mark Law within three months from the date of publication of the trademark registration. The applicant shall be notified and required to reply within a specified time (usually thirty days). The opposition may be done to partial goods or services designated for use by the registered trademark. Where the fact and the reason which may lead to cancellation of the registration exist in respect of the partial goods or services designated for use by the registered trademark, cancellation of the registration may be done only to that partial goods or services. 

Invalidation: if the registration of a trademark is in violation of the Trade Mark Law, any interested party or Examiners may apply for a review for invalidation of the registration. However, if the registration of a trademark has the above non-registrable events numbered (1), (2), (12) through (18), no application or request for review for invalidation shall be allowed after the lapse of five years since the date of publication of the registration. In the case the invalidation action is filed based on the above non-registrable event numbered (13) and the cited trademark has been registered for over three years, the petitioner shall submit proof of use of the cited trademark or claim justifiable reasons for non-use of the mark. Where the fact and the reason which may lead to invalidation of the registration exist in respect of the partial goods or services designated for use by the registered trademark, invalidation of the registration may be done only to that partial goods or services.

Revocation: if a trademark after registration has any of the following events, the IPO shall, ex officio or upon application, revoke the registration: (1) where the trademark with unauthorized alterations or additions is identical with or similar to a registered trademark of another person used on the same or similar goods or services so as to be likely to cause confusion and misidentification to relevant consumers; (2) where without justified reasons, the trademark has not been put into use for three years or has been continuously suspended from use for three years; provided, however, that the licensee has used the trademark; (3) where no appropriate distinguishable indication is added in accordance with the provision of Article 43 (which stipulates that if assignment of a trademark right results in more than two trademark owners using an identical trademark on similar goods or services or using similar trademark on the same or similar goods or services so as to be likely to cause confusion and misidentification to relevant consumers, every trademark owner should add an appropriate distinguishable indication when using); provided, however, that a distinguishable indication with no likelihood of causing confusion and misidentification is added before the IPO renders a decision; (4) where the trademark has become a commonly-used mark, name or shape of the designated goods or services; (5) where the trademark in actual use is likely to cause the public to misidentify or to have a mistaken belief in nature, quality or place of origin of the goods or services. Where the above events only exist in respect of the partial goods or services designated for use by the registered trademark, revocation of the registration may be done to that partial goods or services.

Appeal – administrative remedy: in disagreement with the IPO’s rejection decision and decision concerning opposition, invalidation, revocation cases, an administrative appeal may be filed with the Ministry of Economic Affairs (MOEA) within thirty days upon receipt of the decision; in disagreement with the MOEA’s appeal decision, an administrative suit may be filed with the Intellectual Property and Commercial Court (IPCC) within two months upon receipt of the decision; in disagreement with the IPCC’s judgment, an appeal may be filed with the Supreme Administrative Court (SAC) within twenty days upon receipt of the judgment.