Taiwan Trademark Search - Taiwan Trademark Application

Taiwan Trademark Registration

The legal basis of Taiwan trademark is Trademark Act 2016. Taiwan is not a member of the Paris Convention and cannot establish a system of priority claiming under the Paris Convention. However, when amending the Trademark Act, Taiwan adopts priority provisions and recognise convention priority of the member countries (except mainland China). Taiwan adopts first-to-file basis for trademark protection. A trademark registration is valid for 10 years from the date of registration and could be renewed for 10 years before the expiry date.

1 .

Taiwan Trademark Registration Fees

Services		Fees (USD)
Step 1: Pre-filing Search
	First class	100
	Each additional class	50
(1) Pre-filing search is not compulsory in Taiwan. (2) Pre-filing search is limited to Taiwan Intellectual Property Office (TIPO)’s database only. (3) Pre-filing search report is delivered in 15 working days by email.
Step 2: Trademark Registration Request
	First class	300
	Each additional class	280
(1) Fees cover both our service fees and official filing fees. (2) Fees for trademark registration request listed above cover no more than 20 items of products or services in each class and 5 items of special service for classes 35. Each item in excess of 20 and 5 (for special services in classes 35) will be charged with an extra fee of USD15 and USD35 respectively.
Step 3: Final Registration/Certificate
	Each class	200

Note:
(1)	The fixed fees quoted above apply only to trademark applications which are unopposed and proceed without complication.
(2)	All fees quoted above do not include delivery fees.
(3)	Fee of Claiming convention priority is USD90.

2 .

Calculation of Registration Costs

Example 1: One mark one class

If you want to have your trademark "ABC" registered in Class 25 (clothing, footwear, headgear), that is, one mark one class, the total fees for trademark pre-filing search, registration request and certificate are:

Pre-filing search: USD 100
Request for registration: USD 300
Final registration/Certificate: USD 200

TOTAL: USD 600

Example 2: One mark two classes

If you want to have your trademark "ABC" registered in Class 25 (clothing, footwear, headgear) and Class 26 (lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers), that is, one mark two classes, the total fees for trademark pre-filing search, registration request and certificate are:

Pre-filing search: 100 + 50 = USD 150
Request for registration: 300 + 280 = USD 580
Final registration/Certificate: 200 + 200 = USD 400

TOTAL: USD 1,130

Example 3: Two marks one class

If you want to have your trademarks "ABC" and "DEF" registered in Class 25 (clothing, footwear, headgear), that is, two marks one class, the total fees for trademark pre-filing searches, registration requests and certificates are:

Pre-filing searches: 100 + 100 = USD 200
Request for registrations: 300 + 300 = USD 600
Final registrations/Certificates: 200 + 200 = USD 400

TOTAL: USD 1,200

The costs illustrated in the examples above are based on the assumption of a smooth application, that is, no objection being raised by the TIPO or any other third party. Also, the costs stated above exclude courier charges for sending the Power of Attorney and delivery of Certificate of Registration upon acceptance of registration.

It is further assumed that the fees for trademark registration request listed above cover no more than 20 items of products or services in each class and 5 items of special service for classes 35. Each item in excess of 20 and 5 (for special services in classes 35) will be charged with an extra fee of USD15 and USD35 respectively.

3 .

Materials Required for Filing of Trademark Application in Taiwan

(1)	A Power of Attorney (to be prepared by Kaizen) simply signed by the applicant.
(2)	A duly completed trademark search/registration order form (to be provided by Kaizen).
(3)	A soft copy of the trademark in JPEG format.
(4)	A copy of identity proof of the applicant (passport for individuals and Business Registration Certificate/Certificate of Incorporation for companies).
(5)	A priority document when priority is claimed. The document can be filed within 3 months after the filing date of the application (extra charge will be charged for filing priority claim documents).

4 .

Taiwan Trademark Application Procedures

(1)	Kaizen acknowledges the information including the specimens of mark, its goods/services and registration details, then provides the latest quotation, preliminary advice and classifies your goods/services;
(2)	After the quotation has been confirmed, client will be required to complete our Trademark Search/ Registration Order Form and send it back to Kaizen by email, fax or post;
(3)	Once receipt of the payment for pre-filing search, Kaizen will conduct the pre-filing search (if requested). The search report will be sent to client within 15 working days (based on the duration of the official search);
(4)	Client could refer to our analysis and suggestion in the search report and decide whether to file the application. Kaizen will file trademark application to the TIPO upon receipt of your payment and instruction;
(5)	The TIPO will conduct a search of the trademarks records to see if the same or similar trademark has already been registered or been applied for by another trader in the same or similar class. They will also see if the trademark satisfies the registration requirements laid down in the Trademark Act 2016. If the requirements for registration are not met, the Examiner will object to the mark;
(6)	Once your trademark has been accepted for registration, it will be published on the official gazette;
(7)	If no objection by a third party, a registration certificate will be issued by the TIPO. We will review and send the certificate to you.

5 .	Time scale
	Currently it takes around 8 - 10 months to get a trademark registered in Taiwan in a smooth case.

6 .	Payment Term and Payment Method
	Our fees for each stage of an application are to be invoiced and settled before the commencement of each stage of service. If a China or Taiwan Value-Added Tax invoice is required, 7% or 5% additional charge will be incurred. We currently accept cheque, cash, TT and credit card through Paypal (5% additional charge will incur for paypal). Please click here for payment methods.
7 .	Refund Policy
	No refund of fees will be made after the commencement of services. For example, if we have conducted a pre-filing search and found an identical mark is already in the register, the application will not be proceeded, the fees for pre-filing search will not be refunded. If we have already filed an application and the application is objected by the TIPO or any other party or refused, there will not be any refunded of fees. In case you have paid our fees for all three stages of an application and the search result indicates that an identical mark is already in the register, the application will not be proceeded. The fees for services not performed, i.e., filing for application and issuing of certificate of registration will be refunded, after deducting bank wiring charge.