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 may: stop others from using confusingly similar marks on identical or similar 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 representation 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 or country-by-country filing. 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 are willing to disclaim 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 pay the registration fee to formally obtain trademark rights. The process: receive the Notice of Allowance, pay the trademark registration fee within 2 months, TIPO publishes the mark, and trademark rights are formally granted (10 years). Before the 10-year term expires, you can apply for renewal to maintain protection — see Q9 for full details on the renewal window.

Yes. A rejection is not necessarily final — two paths are available. Option 1: file an administrative appeal 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 mark and file a new application — note that this abandons the original application rather than overturning the rejection.

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 as early as the window allows — up 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 recordkeeping practice — regularly document and archive evidence of use to protect against future cancellation proceedings.

Yes. A registered trademark must be continuously used. Failure to use it for three or more consecutive years may render the registration vulnerable to third-party cancellation. Grounds for a cancellation action include: 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 complete 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.

Yes. 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 so the license can be asserted against third parties.

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.

Yes, 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 practical 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.

Yes. A patent is an exclusive right granted by the government — once granted, you hold exclusive rights for a defined period, and no one may use, manufacture, or sell your invention without permission. Protection requires that your invention meet the standards of novelty and inventive step — it must not have been publicly disclosed before the filing date and must represent an advance over the existing state of the art. Prior art searches before filing can help assess your chances of obtaining a patent.

Taiwan has three types of patents, selected based on the nature of the creation: Invention Patent (a new technology, method, or substance; higher examination threshold; 20-year term); Utility Model Patent (improvements to the shape, structure, or assembly of an article; formal examination only — faster; 10-year term); Design Patent (the visual design of a product's appearance; 15-year term). If unsure, consider: does the creation involve a technical innovation (invention patent), is it a structural improvement to a physical article (utility model patent), or is it purely an aesthetic design (design patent)?

Yes. Individuals, business entities, public schools, and government agencies may all apply — eligibility requirements are minimal. Two practical notes: employee inventions (inventions made during employment may belong to the employer by law — review your employment contract first); joint inventions (all co-inventors must be named as co-applicants). Self-filing is legally permissible, but the biggest risks are inadequate specification quality or not knowing how to respond to office actions, which can result in rejection or a narrow, weak patent.

Under Article 24 of the Patent Act, three categories are expressly excluded from protection: ① animals, plants, and essentially biological processes for their production (the organisms themselves and essentially biological methods of producing them are not patentable; microorganism-related technologies are eligible); ② methods of medical diagnosis (diagnostic, therapeutic, or surgical methods for humans or animals are not patentable); ③ inventions contrary to public order or morality. If you are unsure whether your creation falls into a non-patentable category, a patentability assessment before filing can help you avoid investing resources to no avail.

Yes, and we recommend doing so. Filing the substantive examination request simultaneously initiates the examination process immediately — no need to track the request separately. Important reminder: a substantive examination request must be filed within 3 years of the application date; if no one files the request in time, the application is deemed withdrawn and the effort is lost. Filing the request at the same time as the application is the safest approach. Substantive examination requires a separate fee, calculated based on the number of claims in the application.

The current average time to a final decision on a substantive examination for an invention patent is approximately 21 months. Three channels are available to shorten the wait: Accelerated Examination Program (AEP — proactive request, subject to specific eligibility requirements); Patent Prosecution Highway (PPH — uses examination results already obtained in another country to accelerate Taiwan examination); and Priority Examination (available for specific technology types or cases with urgent commercial need).

Yes, but different stages have different restrictions. Before receiving an Office Action: amendments may be filed freely at any time. After receiving an Office Action: amendments must be filed within the response deadline and cannot go beyond the scope of disclosure in the original application documents. After receiving a 'Final Office Action': the scope for amendments is further restricted to deleting claims, narrowing the claimed scope, correcting obvious errors, and clarifying unclear descriptions. Every amendment may affect the final scope of protection — evaluate carefully before filing.

A 'Final Office Action' signals that the examination has entered its final stage and the scope for amendments is substantially reduced. This typically occurs because amendments you made in response to an earlier Office Action introduced new grounds for rejection attributable to the applicant. A Final Office Action only allows: deleting claims, narrowing the claimed scope, correcting obvious errors, and clarifying unclear descriptions — whereas a regular Office Action permits free amendment of the specification and claims. After a Final Office Action, the response strategy should be reviewed carefully before filing.

After allowance, you must complete the patent certificate application to formally receive your patent certificate. Steps: ① note the deadline (within 3 months from the date of the Notice of Allowance); ② complete the Patent Certificate Application Form (downloadable from the TIPO website); ③ pay the required fees (certificate fee + first annual fee paid simultaneously); ④ submit the application (at the TIPO service counter or via e-filing); ⑤ wait for delivery (the patent certificate is typically received within approximately 1 month of completion).

Yes, and the deadline is strict. The certificate fee, first annual fee, and certificate application must all be filed within 3 months of receiving the Notice of Allowance. If you miss the deadline, TIPO will not publish the patent — effectively forfeiting the granted patent. A remedy is available if the delay is no more than an additional 6 months (totaling 9 months from the Notice of Allowance) and was not intentional: you may apply for 'reinstatement of the certificate,' but must pay double the first-year annual fee.

Yes. Once you receive your patent certificate, you must pay an annual patent maintenance fee each year for the patent to remain valid. Failing to pay causes the patent to lapse prematurely. Annual fees begin from Year 1 (paid at the time of certificate issuance), vary by patent type and year, and increase progressively over time. Fees may be paid one year at a time or prepaid for multiple years.

Legally, TIPO has no obligation to provide notice — the responsibility for payment rests entirely with the applicant. While TIPO offers written or email reminders as a convenience, delivery is not guaranteed, and failure to receive a reminder is not grounds for appeal. Recommended self-management practices: register for the annual fee email notification service (set up on the TIPO website); set automatic annual calendar reminders (ideally 3 months in advance); consider prepaying multiple years at once to reduce the risk of missing a payment.

Yes, and it is completely free. If someone is already commercially working your pending invention, you may request 'Priority Examination,' asking TIPO to process your application ahead of schedule. Eligibility requirements (all three must be met): ① the application has been 'published' (invention applications are typically published 18 months after filing); ② a substantive examination request has been filed (if not yet filed, it must be filed simultaneously); ③ another party is commercially working the claimed invention. Submit the request along with evidence of commercial working by the third party.

Yes. The primary system is the PCT (Patent Cooperation Treaty), which allows a single application to designate multiple member countries. Taiwan's limitation: Taiwan is currently not a PCT member and cannot file a PCT application using Taiwan as the receiving office. However, if you also file in PCT member states such as China, the US, or Japan, you may base a PCT application on those filings. Common approaches for Taiwan applicants: claim international priority (file in Taiwan first, then file in each WTO member state separately within 12 months, claiming the Taiwan filing date as the priority date); or file via PCT through an overseas office (file in a PCT member state first, then designate multiple countries through PCT).

The 'priority date' is the date on which the patent was first filed in a WTO member country. Once priority is claimed, the examiner uses the priority date as the reference point for assessing novelty — any public disclosures of the same technology made after the priority date will not affect your application. Key deadlines: invention and utility model patents must be filed in foreign countries within 12 months of the Taiwan filing date; design patents have only 6 months. Many companies first file in Taiwan to establish a priority date quickly, then take time to assess market potential and budget before deciding which countries to extend to.