TAIWAN OF CHINA TRADEMARK REGISTRATION PROCEDURE
You will receive a Notification of Trademark Registration Application Acceptance issued by Trademark Office of CNIPA(China National Intellectual Property Administration).
You will receive a Notification of Preliminary Approval or Rejection issued by Trademark Office of CNIPA(China National Intellectual Property Administration).
In case of no trademark rejection, your trademark registration will be published in the e-Gazette for purposes of opposition. You will receive a notification of disapproval if third parties oppose your registration.
In case of no trademark disapproval, you will receive a electronic Trademark Registration Certificate issued by Trademark Office of CNIPA. The mark is now GRANTED PROTECTION.
HOW TO REGISTER A TRADEMARK IN TAIWAN
Conducting a Comprehensive Trademark Search
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money. Trademark Study (1 working day), You will receive a Detailed registrability report.
Confirm the Mark You Want to Register
If a mark consist of foreign words, these words must be explained in Chinese. Sometimes you may want to file both Chinese and English version of the word mark in China to further protect your branding.
Select the Goods/Services
China is one of the countries who uses the International Classification of Goods and Services under the Nice Agreement. This is an international recognised series of 45 classifications which may be applied to goods and services.
It is necessary to file a separate application for trademarks in each of the classifications you are choosing. One trademark in one classification will not cover other classifications, and therefore your trademarks may be open for use there by others. Typically 10 items per class may be registered by default, with additional costs for each item in addition.
Confirm the Applicant’s Name and Address both in English and Chinese
The name and address of the applicant must be strictly identical to those of the company incorporation certificate or the passport of individual applicant. If you have no the Chinese translation of the name and address, we will translate it for you.
1. Scanned copy of the Power of Attorney (POA) signed by the applicant;
2. Scanned copy of the company’s certificate of incorporation; copy of passport for individual applicant;
3. Proposed mark.
Our trademark experts will assist you in creating, organizing, and translating these documents wherever necessary. When all the documents are prepared, your mark will be filed within 1 working days. Then we will send you China Trademark number.
TRADEMARK EXTENSIVE STUDY
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money.
Register your Trademark in Taiwan, China
(one class include Govt Fee)
*No other fees for registration if no rejection or opposition.
How to file a trademark application in Taiwan of China?
In filing a trademark application, an application form should be prepared. The filing date is taken to be the date when the relevant documents are received by TIPO or the postmarked date. Delivery of the application via facsimile is not allowed. In addition, the application shall be accompanied by the following documentation :
Application specifying the name and address of the applicant, the proposed trademark, the class of the designated goods/services and the names of the goods/services;
Clear trademark representations;
Where a trademark agent has been appointed, the Power of Attorney (if in a foreign language, a Chinese translation is required);
The application must be signed or sealed. If a trademark agent is appointed, the application may be signed or sealed by the trademark agent only.
Who is eligible to file a trademark application in Taiwan of China?
Generally speaking, any domestic or foreign natural person, juristic person or business entities (business establishments or firms) who use a trademark to identify the goods or services they offer in trade, may file a trademark application in the name of an individual, juristic person or business entity, except for collective trademarks, collective membership marks and certification marks.
Is it required to appoint a trademark agent to file a trademark application?
A trademark application may be filed either by a trademark agent or by the applicant himself/herself. Members of the general public may prepare and submit a trademark application, but the application must comply with the requirements set forth in the Trademark Act.
A foreigner who has no domicile or place of business within the territory of the Taiwan of China must designate a trademark agent who has a domicile in the Taiwan of China to handle trademark matters. However, a foreign company that has set up a branch office according to the Company Act of the Taiwan of China is not required to appoint a trademark agent since it can indicate the place of business in the Taiwan of China and its representative.
If a trademark agent is appointed, the trademark agent shall be notified of all procedures relating to trademark application and further submissions or corrections aimed at perfecting the application.
How long does it take for a trademark registration to be approved in Taiwan of China?
The procedures for examining a trademark application differ from a general application filed by the public and are more complicated. In addition to examining the designated goods, a search of the representations of prior registered trademarks and the examination on whether the trademark has any unregistrable conditions must be carried out. Currently, there are nearly 2,170,528 registered trademarks(2019.03.01). Therefore, the examination of a trademark application takes some time, approximately five to seven months.
Can different people acquire the registration of an identical trademark in different countries?
The Trademark Act is a territory-based law, and the protection of a registered trademark is made on the territory basis. Hence, it is possible for different people to acquire the registration of an identical trademark in different countries. If a manufacturer considers any global factor with respect to the operation and marketing strategies of its trademarked goods/services, it has to seek international protection by filing applications in the countries where its goods/services are provided.
What are the advantages of a multi-class application?
Compared to a single-class application, a multi-class application reduces the overall filing time since only one application and one copy of relevant attachments are required – the application procedures are thus simplified. Moreover, costs are also reduced because after the multi-class application is approved for registration, government fees related to the recordation of change, assignment, license or pledge will be calculated “per application”. It should, however, be noted that:
filing fees, registration fees and renewal fees are calculated “per class” rather than “per application”;
in dividing a trademark, the division fees for the increased trademarks and the fees for disputes resolution, if applicable, shall also be paid; and in the case of a multi-class application, the issue of multiple priorities may arise.
Can the symbol “R” referring to a registered mark or “TM” standing for a trademark be included in a trademark sought to be registered?
“R” is generally used in trade to refer to a registered trademark and “TM” is a sign which signifies the subject as a trademark. Any trademark right holder or a registered user may show either of them in his/her trademark. Thus, they have no distinctiveness and exclusivity. In consequence, neither of them can be used as part of a trademark sought to be registered.
Can different people file applications for registration of an identical trademark for different goods or services?
Yes. Most countries recognize that where goods or services applying an identical trademark or similar trademarks are unlikely to cause confusion in the market and will not cause unfair competition, they may be registered or used by different people or business entities. In general, if the use of trademarks that are not well-known or are not of high originality for dissimilar goods by different manufacturers, they are unlikely to confuse consumers about the source of goods, thus may be filed separately.
What should be noted after a trademark has been registered in Taiwan of China?
After acquiring the rights to a trademark, the registrant shall, in particular, note the following matters:
(1) renewal of the term of trademark rights; (2) obligation to continuously use the registered trademark; (3) recordation of licensed use; (4) prohibition of changes or additional notes to the trademark, whereby the trademark is made identical with or similar to another person’s registered trademark.
Please don’t forget to file the registration renewal within six months prior to the expiration of the term of trademark rights.
The term of trademark rights is ten years. A renewal application shall be filed prior to the expiration of the term and each renewal is limited to ten years. In the case of failure to apply for renewal by the expiration of the term, the trademark rights shall become extinguished the day following the expiration of the term of trademark rights.
Continuous use of the trademark
The lawful acquisition of trademark rights after the registration of the trademark not only means the acquisition of the rights to exclusively use the registered trademark, but it also precludes another person from using an identical or similar trademark(s) on the identical or similar goods or services. If a trademark right holder does not actively use his/her registered trademark, not only can the goodwill related thereto not be accumulated, but it will also hinder others from entering the market. The occurrence of the above will contravene the purpose of trademark protection. If a trademark has not been used or has been continuously suspended from use for three years after its registration, the registration of the trademark shall be revoked.
Recordation of licensed use.
Due to operational concepts, the trademark rights may be licensed to another party, in whole or in part. Unrecorded licensing may not be set up as a defense against any third party.
Please use the trademark as it is registered and do not use the trademark with any changes or additional notes thereon.
Prohibition of changes or additional notes to a trademark mainly avoids improper use of the trademark. That is to say, the clause is to prevent the situation in which a trademark is not used in accordance with the trademark as registered, but instead, the trademark in use features any change or additional wording or device, thus making the trademark insinuate another person’s goods or cause the public to misidentify the trademark as belonging to another. If the rights and interests of the right holder of another trademark are thereby affected in practice, the registration of the said trademark shall be revoked by law.
FEES FOR TRADEMARKS IN TAIWAN
(per mark per class)
DRAKE CHEN ®
Wuhan Chuchuangyuan Trademark Agency Co., Ltd
Phone: +00 (86) 18672762230
Huaqingyuan, Zhongshan Road 975, Jiangan Dist
Wuhan City, Hubei province, China
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