04 Often Questions About Filing Trademark In TaiwanPaul - AAA IPRIGHT
When advising clients from different countries on filing new trademark in Taiwan, we do often receive the following 04 questions related to Taiwan trademark: Descriptive part, removal of one part from trademark, use of expired trademark citing against new Taiwan trademark and trademark according to Paris convention.
1. Is this acceptable for Taiwan Trademark including descriptive part? For example, ABC Good Food, does the applicant need to remove the word “Good Food” from the trademark before officially filing new trademark application in Taiwan. Or the trademark applicant only needs to disclaim the word “Good Food”?
Answer: Please be informed that there is a trademark disclaimer in Taiwan. In general, the trademark applicant only need to disclaim the description and/or non-distinctive words.
2. The Taiwan trademark includes Word part & device part. By the stage of Taiwan trademark substantive examination result, if one of the parts of the trademark is refused, could we remove such part from the Taiwan trademark, then the remaining part of the Taiwan trademark shall be protected?
Answer: Please note the trademark in Taiwan cannot be amended or removed one of parts once we file a new trademark application to the Taiwanese official.
3. Could one expired trademark in Taiwan still be a cited one to a new Taiwan trademark in a specific period of time counted from the expired date? For example, some countries still use the expired trademark as a cited one against new trademark within the 5 years from the expired date?
Answer: Yes, due to the grace period for renewal of trademark in Taiwan is 6 months after expired date of Trademark in Taiwan, there might be a chance to recover Taiwan trademark right by the trademark’s owner.
4. For the Paris Convention trademark application, could the applicant file the counterpart trademark in Taiwan?
Answer: Yes, the applicant can file a Taiwan trademark application claiming priority within 6 months of filing a foreign application for the same trademark and same goods and/or services in a country of origin.
– You could see Fee of Trademark in Taiwan here
– You could visit here to see Procedure of Taiwan Trademark Registration.
– You could visit here to check the required documents for filing trademark in Taiwan
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