Everything You
Need to Know

Yes. Brand names, logos, colors, and sounds all fall within the scope of trademark registration. A trademark is an exclusive right granted by law — once obtained, no one may use a confusingly similar mark on identical or similar goods and services without your permission. Registrable trademark types include: words, devices, and combined word-device marks; as well as non-traditional marks such as colors, three-dimensional shapes, sounds, and motion marks.

Yes. Taiwan operates on a first-to-file principle — use alone does not confer protection. Whoever files first holds the exclusive legal right. Even if your brand has been operating for years, without trademark registration a competitor can file for the same name first, forcing you to rebrand or pay licensing fees. With a registered trademark you can: stop others from using confusingly similar marks on identical or related goods or services; claim damages; license your mark for revenue; and use the asset as collateral. We recommend filing before your brand goes public.

Yes. Individuals (natural persons) are fully entitled to apply for trademarks without first incorporating a company. Eligible applicants include individuals, business entities, and foreign enterprises. Once your company is established later, the trademark can be transferred via an assignment — no need to re-apply.

Basic documents include: the trademark registration application form, a clear reproduction of the trademark, proof of the applicant's identity (a copy of the national ID for individuals, or a certificate of incorporation for legal entities), and the designated class(es) of goods or services. A power of attorney is also required when appointing an agent. In practice, applicants only need to confirm the classes they wish to protect — the agent handles all forms and electronic filing. Filing through the electronic application system qualifies for a NT$300 reduction in official fees.

No. Taiwan trademark rights are valid only within Taiwan's borders — separate filings are required to enter other markets. Each country's trademark system is independent; Japan, South Korea, and the EU all require individual applications. To cover multiple countries simultaneously, two options are available: the Madrid System (one application designating multiple member states — over 100 members, but Taiwan is not one); or country-by-country filing (after filing in Taiwan, assert Paris Convention priority within 6 months to file in each target country). Plan your international portfolio before entering new markets.

The examiner has determined that certain elements of your trademark lack sufficient distinctiveness and is asking whether you waive exclusive rights to those elements. Two options: agree to disclaim (the trademark usually proceeds to registration, but the scope of protection is narrowed); or disagree (the IP Office will issue a formal rejection). There is a strict deadline for responding to this notice. We recommend evaluating whether the disclaimed element is central to your brand identity before deciding how to respond.

Approval is not automatic — you must proactively pay the registration fee to formally obtain trademark rights. The process: receive the Notice of Allowance → pay the trademark registration fee within 2 months → IP Office publishes the mark → trademark rights formally granted (10 years). Before the 10-year term expires, you can apply for renewal: the earliest you may file is 6 months before expiry; a grace period of 6 months after expiry is available with a double fee. Beyond that grace period, the trademark lapses permanently and cannot be recovered.

Yes. A rejection is not necessarily final — two paths are available. Option 1: file an administrative appeal ("訴願") within 30 days of receiving the rejection decision, reviewed by the Ministry of Economic Affairs Committee on Petitions; if still unsatisfied, you may proceed to administrative litigation. Option 2: revise the trademark and re-apply.

Trademark protection lasts 10 years; you must apply for a "renewal" before expiry to maintain protection. The filing window: earliest — 6 months before expiry; latest — within 6 months after expiry (double fee applies); beyond 6 months after expiry — renewal is no longer possible and the trademark lapses permanently. We recommend initiating the renewal process 3 to 6 months before expiry to avoid inadvertent lapse.

Not necessarily. Applicants with a domicile or place of business in Taiwan may handle the filing themselves — there is no mandatory requirement to appoint an agent. The only mandatory case: foreign applicants with no domicile and no place of business in Taiwan must appoint a trademark agent domiciled in Taiwan. In practice, the biggest risk of self-filing is selecting the wrong class or providing an inadequate description of the mark, resulting in insufficient protection or rejection.

Under Article 5 of the Trademark Act, trademark use covers a wide range of activities: ① affixing the mark directly on goods or packaging; ② displaying or selling goods bearing the mark during transactions; ③ using the mark on service-related items (signage, menus, uniforms, etc.); ④ using the mark on commercial documents and advertising (invoices, catalogs, flyers, etc.); ⑤ digital media use (websites, e-commerce platforms, app launch screens, etc.). We recommend establishing a "trademark use evidence system" — regularly document and archive evidence of use to protect against future cancellation proceedings.

Yes. A trademark follows a "use it or lose it" principle — you must continue using it after registration. A cancellation action may be filed in the following situations: the trademark has not been used on the designated goods or services for 3 consecutive years; the manner of use substantially deviates from the registered mark; or the trademark has become the generic name for the goods. How to use your trademark correctly: use it on the designated class(es) of goods or services; and retain evidence of use (photographs, advertising materials, sales receipts, etc.).

Once you hold trademark rights, three avenues are available against infringement: civil remedies (petition the court for an injunction, destruction of infringing goods, and damages); criminal complaint (manufacturing or selling counterfeit goods may result in imprisonment or a fine — file with the district prosecutor); anti-counterfeiting hotline (call 0800-016597). Before taking action, we recommend gathering comprehensive evidence of the infringement (product photos, purchase records, screenshots of sales listings) and then evaluating the most effective legal strategy.

Yes. Taiwan's Trademark Act allows two or more persons to jointly apply for a co-owned trademark. All co-owners must be named on the application, and it is strongly recommended to designate a representative to communicate with the IP Office and receive correspondence. The scope of rights and the future transfer mechanism for co-owned trademarks should be clarified in a written agreement before filing, to avoid disputes if the partnership changes.

Absolutely. Trademark licensing is common in franchise, co-branding, and OEM arrangements. Two types of licenses are available: exclusive license (the licensee uses the mark exclusively and may exercise trademark rights as the rights holder); non-exclusive license (the mark may be licensed to multiple parties simultaneously). Licenses must be set out in a written contract and recorded with the IP Office via a "license recordal." Unrecorded licenses may not be asserted against bona fide third parties — complete the recordal to ensure full legal effect.

Yes, trademarks are transferable property. Steps: ① both parties sign a trademark assignment agreement; ② file an 'Assignment Recordal' application with the IP Office and pay the official fee (NT$1,000 per mark); ③ receive the updated trademark registration certificate. If any license is already in place, the licensing arrangements post-transfer must also be clarified to protect all parties' interests.

Receiving an opposition notice is not a crisis — it is a normal part of Taiwan's trademark process, and your mark can be defended. The process after receiving notice: ① the IP Office notifies you of the opposition; ② you have an opportunity to file a written defense explaining the validity of your mark; ③ the IP Office issues an opposition decision after examination. If the opposition fails, your trademark remains valid; if it succeeds, the trademark is cancelled (you may file an administrative appeal). Response deadlines are strict — assess the grounds for opposition and develop a strategy as soon as you receive notice.

No. Trademark protection is broader than many people expect — a "confusingly similar" mark may also constitute infringement. An identical mark on identical goods or services is infringement; a similar mark on similar goods or services is also infringement if there is a likelihood of consumer confusion. The standard for "similarity" considers: visual, phonetic, and conceptual resemblance, as well as whether consumers are likely to be confused about the source.

With conditions. The Madrid System enables applicants to designate multiple countries in a single filing — over 100 members, covering major markets including the US, Japan, the EU, China, and Korea. Taiwan's limitation: Taiwan is not an official member of the Madrid System and cannot file directly using Taiwan as the home country. Alternatives: first obtain a trademark in a Madrid member state (such as the US or Japan), then file a Madrid application using that country as the basis; or file country-by-country (after filing in Taiwan, assert Paris Convention priority within 6 months to file in each target country separately).

Yes. This is the Paris Convention priority right. Within 6 months of filing your trademark in Taiwan, when you file in WTO member countries, you may claim priority so that the Taiwan filing date serves as the effective date for examination purposes. Note: the trademark priority period is only 6 months — shorter than the 12-month period for invention patents — so be mindful of timing when planning your international portfolio.

Yes, but specific conditions must be met. Taiwan operates on a first-to-file basis, and foreign trademarks not filed in Taiwan are generally not protected under Taiwan law. Two paths are available: well-known trademark protection (if your brand is sufficiently internationally recognized, you may file an opposition or invalidation under Article 30 of the Trademark Act; bad-faith squatting of a well-known mark can still be challenged by invalidation even after 5 years from publication); and bad-faith filing claims (if the registrant was your distributor, business partner, or otherwise aware of your mark through a business relationship and filed ahead of you, you may apply for invalidation under Article 30, Paragraph 1, Subparagraph 12). The most fundamental protection is to file in Taiwan proactively.

Taiwan trademark rights are valid only within Taiwan and cannot extend overseas. If the infringing party is only operating abroad, Taiwan trademark law offers no direct protection. If the infringing party is also using the mark within Taiwan, you can assert trademark infringement in Taiwan, seeking damages and an injunction. A comprehensive international brand protection strategy: identify the markets you intend to enter and file trademarks there in advance; utilize Paris Convention priority (file within 6 months using the Taiwan filing date as the priority date); if you have a presence in Madrid System member countries, consider a Madrid System multi-country application.