Comparative Guides
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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Taiwan
The initial term of registration is 10 years and the trademark may be renewed indefinitely for subsequent 10-year terms thereafter.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Taiwan
The application form for renewal and the renewal fee.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
8.3
What are the grounds for cancelling a trademark registration?
 
Taiwan
  • The trademark has been altered by the owner in a different form from that in which it was registered, or has been supplemented with additional notes and is now identical or similar to a third party’s trademark which is registered for the same or similar goods or services, and there is thus a likelihood of confusion among relevant consumers;
  • The trademark has not yet been put to use or use of the trademark has been suspended for a continuous period of not less than three years, without proper reasons, unless the trademark has been put to use by a licensee;
  • No appropriate and distinguishing indication has been added where two or more owners use identical trademarks for similar goods or services, or similar trademarks for identical or similar goods or services, due to the transfer of trademark rights, and there is thus a likelihood of confusion among relevant consumers, unless such indication is duly added before the Taiwan IP Office issues an order for revocation;
  • The trademark has become a generic mark or term, or a common shape, for the designated goods or services; or
  • As a consequence of actual use of the trademark, it 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
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Taiwan
On all of the grounds listed in question 8.3.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Taiwan
Cancellation 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.

It usually takes six months for TIPO to render its decision.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Taiwan
See questions 4.2 and 4.3.

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