The trademark registration may be recorded online on customs data, but it is not automatically mechanism.
The Power of Attorney is required for renewing a trademark in Taiwan. The grace period is 06 months from the expire date of the trademark registration.
A trade mark shall be registered for a period of 10 years from the registration date
A trademark must be used within three years after its registration. The use of trademark must be on the minimal amount in Taiwan.
The cancellation of trademark registration in Taiwan 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 emblems;
– 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.
After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.
Any parties have the right to file opposition against an applied trademark before it has been granted the protection
Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim.
It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Taiwan.
There are no any international treaties which Taiwan is a member.
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.
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.