How long does it take for a trademark application to be approved?
Based on the announcement published on the website of the Taiwan Intellectual Property Office (TIPO), examination of a new trademark application usually takes eight months. If the TIPO has no question regarding the description of goods or registrability, a Notice of Approval will be issued requesting the applicant to pay the registration fee within two months from receiving the Notice of Approval.
What is a certification mark?
A certification trademark is a sign used to certify the characteristics, quality, precision, origin or other matters of another person’s goods or services, e.g., MIT smile textile product sign and UL electrical appliances safety sign. Applicants of certification marks must be juristic persons, groups or government agencies that are capable of certifying an entity’s goods or services. The use of a certification mark shall mean that the right holder of a certification mark, in order to certify the characteristics, quality, precision, origin or other matters of another person’s goods or services, agrees to the person displaying the certification mark on articles or documents in connection with the goods or services (Articles 80, 81 of the Trademark Act).
How to acquire the filing date of a trademark?
The filing date of a trademark application is the date when an application containing (the name and address of) the applicant, a reproduction of the trademark, and the list of designated goods or services is furnished with to the Registrar Office. The application must be written in Chinese.
Is claiming priority for a new trademark application possible?
An applicant who has duly filed an application for trademark registration in a country which has reciprocal recognition of priority rights with the ROC, or filed such application with a member of the World Trade Organization (WTO), may claim a right of priority, for the purposes of registering the same trademark in the ROC for some or all the same goods or services, within six months from the day following the date of filing of the first such application. The date of priority shall count as the date of filing.
What are the requirements to claim priority for a new trademark application?
The priority claim, with indication of the date of filing of the first application, the country or the member of the WTO in which the first application was made and the application number of the first application, must be made at the same time when the new trademark application is filed. Besides, a copy of the application certified as admitted by the country or the member of the WTO must be submitted within three months from filing in Taiwan.
Can changes be made to an already-filed application?
Changes to the name or address of the applicant, the trademark agent, or any other particulars can be made by submitting a request. However, no amendment to the reproduction of a trademark and the designated goods or services thereof after filing of a new trademark application is permitted, unless such amendment is a restriction of the designated goods or services or an amendment to the reproduction of a trademark which does not substantially change such trademark.
Is there any time limit to make changes to a filed application?
Any restriction of the designated goods or services, amendment to the reproduction of a trademark which does not substantially change such trademark, division of an application for registration, or disclaimer shall be requested before the disposition of refusal is rendered.
Will citation of another person’s earlier registration or application be overcome by submitting a letter of consent?
A letter of consent is usually acceptable and sufficient to overcome a citation, provided it is not obviously improper (e.g., the trademarks and the designated goods/services are identical). Besides, if the party who gives consent later files for a trademark that is confusingly similar to the consented trademark application, consent from the owner of the consented trademark application will still be needed in order to overcome the citation against the new trademark application.
Is the certificate of registration available in paper only?
From January 1, 2023, the certificate of registration issued in electronic format has become available. A choice between the paper version and the electronic format can be made when paying the registration fee.
