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.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Taiwan
Yes.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
5.2
Who has standing to oppose a trademark application?
 
Taiwan
Any third party.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
5.3
What is the timeframe for opposing a trademark application?
 
Taiwan
Within three months of the publication/registration date of the trademark (publication and registration occur on the same day).

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
5.4
Which body hears oppositions?
 
Taiwan
The Taiwan IP Office (TIPO).

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
5.5
What is the process by which an opposition proceeds?
 
Taiwan
Opposition proceedings in Taiwan are conducted on a pleading and defence basis, whereby the two parties are allowed to alternately present their arguments in written form. Upon receipt of a brief/counterstatement lodged by one party, TIPO will serve a copy thereof on the other party along with a notification for response before a designated deadline, which is generally within 30 days. This procedure will continue until the two parties have exhausted their views and have no further observations or new evidence to file.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Taiwan
Yes; see questions 4.2 and 4.3.

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