Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
 
Taiwan
The Taiwan IP Office.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
 
Taiwan
An application filing fee and a registration fee.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.3
Does the trademark office use the Nice Classification scheme?
 
Taiwan
Yes.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
 
Taiwan
‘Class-wide’ applications are not allowed; the relevant goods and/or services must be specified.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
 
Taiwan
No.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
 
Taiwan
Yes.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.7
What types of examinations does the trademark office perform other than relative examination?
 
Taiwan
Distinctiveness and public policy (see question 3.8).

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
 
Taiwan
Yes. The grounds for refusal of registration regarding public policy include the following:

  • The mark is identical or similar to the national flag, national emblem, national seal, military flags, military insignia, official seal or medal of Taiwan, or the state flag of a foreign country, or the armorial bearings, national seal or other state emblem of a foreign country communicated by any member of the World Trade Organization under Article 6ter, paragraph 3 of the Paris Convention;
  • The mark is identical to the portrait or name of Dr Sun Yat-Sen or other head of the state;
  • The mark is identical or similar to the mark of a government agency of Taiwan, an official exhibition held thereby or a medal or certificate awarded thereby;
  • The mark is identical or similar to the armorial bearings, flag, other emblem, abbreviation or name of international intergovernmental organizations or well-known domestic or foreign institutions undertaking businesses for the public interest, and hence is likely to mislead the public;
  • The mark is identical or similar to an official sign or hallmark indicating control or warranty adopted by a domestic or foreign country and designated for identical or similar goods or services;
  • The mark is contrary to public policy or to accepted principles of morality; or
  • The mark is likely to mislead the public as to the nature, quality or place of origin of the goods or services.
For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
 
Taiwan
No.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
 
Taiwan
Yes, but such protest is only for the examiner’s reference.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
 
Taiwan
No.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.12
How much time does it typically take from filing an application to the first office action?
 
Taiwan
Five to seven months.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
3.13
How much time does it typically take from filing an application to publication?
 
Taiwan
Eight to twelve months.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices