The procedure of trademark renewal in Taiwan
Although Taiwan is an island nation belonging to China, it still has a certain independence from some other countries. In order to ensure that their trademarks when exporting to Taiwan are not lost and pirated, businesses need to fully register and renew their trademarks.
How long does a registration remain in effect?
The term of protection for a trademark is 10 years from the date of its registration, and the rights of a registered mark can last indefinitely if the renewal fees are paid timely.
What is required to maintain a registration?
A renewal request must be made within six months prior to expiry of the 10-year term or within six months (grace period) following the expiry date. Proof of use is not required when filing to renew a registered mark.
What are the legal consequences of not renewing the trademark?
If the registered trademark is not renewed between 3 months before the expiration date and one month after the expiration date, the trademark will be invalidated in Taiwan. In this case, any third party can register or use the trademark.
Note: Taiwan is not a party to the Madrid Agreement and Protocol, so to protect and renew a trademark in this country, the trademark owner must file an application with the National Intellectual Property Office of Taiwan (Taiwan Intellectual Property Office (TIPO), cannot apply through the World Intellectual Property Organization (WIPO).
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