Trademark Registration in Taiwan

Overview: why register a trademark in Taiwan?

Taiwan is a high-purchasing-power market in technology, semiconductors and consumer goods, and a critical link in the supply chains of many Vietnamese businesses. Registering a trademark here secures exclusive rights to the brand, creates a basis for tackling counterfeits and imitations, and blocks bad-faith pre-emptive filings by third parties. A key planning point: Taiwan is not a party to the Madrid Protocol, so it cannot be designated through an international Madrid application. To obtain rights in Taiwan, a separate national application must be filed with TIPO through a local trademark agent with an address in Taiwan. When mapping out a multi-country strategy, Taiwan must therefore be handled with a direct filing alongside your Madrid-route countries.

Trademark registration cost in Taiwan

Reference estimate for one class; extra classes cost more. Excludes VAT and extra costs under each country's rules (office action responses, oppositions, grant fees, translation/legalisation...).

Requirements for protection

• The sign must be capable of distinguishing the applicant's goods or services from those of others; descriptive or generic marks are treated as lacking distinctiveness.
• It must not be identical or confusingly similar to an earlier registered or pending mark for identical or similar goods or services.
• It must not fall within prohibited signs: flags, state emblems, official symbols, marks contrary to morality, or marks misleading as to origin or quality.
• Goods and services must be classified under the Nice Classification; each class incurs a separate fee.
• Word, figurative, combined, three-dimensional, colour and sound marks may be protected if distinctive.
• A foreign applicant without an address in Taiwan must appoint a local trademark agent in Taiwan.

Clearance search before filing

Before filing, a search on the TIPO database is advisable to assess the risk of refusal for identity or similarity with earlier marks, together with a review of actual market use. A clearance search helps you adjust the sign, narrow or broaden the goods and services list before costs are incurred, and reduces the risk of opposition after publication. For marks containing Chinese characters or transliterations, search both the Latin element and the corresponding Chinese-character element, since consumers and examiners assess both.

Procedure & timeline by stage

Required documents

• A clear specimen of the mark (in colour if colour protection is claimed).
• A list of goods and services classified under the Nice Classification.
• Applicant details: name, address, nationality or business registration information.
• A power of attorney for the local trademark agent in Taiwan.
• Priority claim documents, if any, together with a copy of the basic application.
• A description of the mark for three-dimensional, sound or colour marks, where applicable.

Validity & renewal

A Taiwan trademark registration is valid for 10 years from the registration date and may be renewed for successive 10-year terms, filed before expiry or during a grace period with a surcharge. A mark not put to genuine use for the statutory period may be cancelled on non-use grounds at a third party's request, so businesses should keep evidence of actual use in the Taiwan market.

Common grounds for refusal & how to handle them

• Lack of distinctiveness where the mark is descriptive, laudatory or directly indicates the goods or services; addressed by argument or evidence of acquired distinctiveness through use.
• Identity or confusing similarity with an earlier mark; addressed by narrowing the list, a letter of consent, or arguments on differences.
• Conflict with prohibited signs or marks misleading as to origin or quality.
• The Chinese-character and Latin elements of the mark may conflict differently with earlier marks; each element must be assessed separately.
• Unclear specifications or wrong classification of goods and services; addressed by amendment per the examiner's requirements.

Key notes for registering in Taiwan

• •Taiwan is outside the Madrid System: a direct national filing is mandatory and it cannot be designated via a Madrid application.
• •Foreign applicants must act through a trademark agent with an address in Taiwan.
• •Taiwan uses post-registration opposition: the mark is granted first, and third parties may oppose within the period after publication.
• •For brands targeting local consumers, consider also registering a Chinese-character version for fuller protection.
• •A Paris Convention priority claim is available within 6 months of the basic application date.

Frequently asked questions