FAQs Archive - Page 11 of 21 - AAA IPRIGHT - Trademark - Patent - IP Firms in Asian, ASEAN, Australia, US, EU and Other countries including Vietnam - Singapore - Thailand - Malaysia - Philippines - Laos - Cambodia - Myanmar - Japan - South Korea - Brunei - Indonesia - India - Sri Lanka - China - Taiwan

When is opposition to trademark application in Taiwan?

Any parties have the right to file opposition against an applied trademark before it has been granted the protection

What international treaties Taiwan is a member?

There are no any international treaties which Taiwan is a member.

Do we need to conduct trademark search in Taiwan before officially filing trademark in Taiwan? and Why?

It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Taiwan.

What is advantage of trademark registration in Taiwan?

The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.

What is trademark rights in Taiwan: first to file or first to use? List 10 countries have the same rule of trademark rights like Taiwan?

Taiwan is applying “first to file” principle. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal.

Is customs record of trademark registration available in EU?

The trademark registration may be recorded on customs data, but it is not automatically mechanism. The owner of trademark is required to follow the procedure set out by each Custom authority of each state in EU.

Is cancellation of trademark registration in EU available? What is the foundations for such cancellation?

The cancellation of trademark registration in EU is available. A trademark may be cancelled where:- The registered trademark conflict with the earlier trademark;
– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The marks that breach the copyright of another parties.
– The mark that are similar or identical with the well-known trademark;
– The mark that are similar or identical with the armorial bearings, flags and other state emplems;
– The mark that are conflict with the protected industrial design or geographical indication.
– The mark is generic;
– The mark is against the public policy or morality of the social.
– The mark that are deceive the public.

What is use requirement after trademark registration in EU? What actions could be considered as use of trademark in EU? Could we stop validity of trademark registration certificate based on non-use for a period of time? How many years of non-use?

A trademark must be used within five years after its registration. The use of trademark must be on the commercial scale in any state of EU.

What is required documents for renewal trademark in EU? Is grace period after renewal date allowed?

There are no required documents for renewing the certificate of trademark registration in EU. The grace period is 06 months from the expire date of the trademark registration.

What is term of trademark in EU?

A trade mark shall be registered for a period of 10 years from the application date

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