Trademarks - Filing Requirements


Filing Requirements
  • Power of attorney simply signed.
  • Certified copy of the priority document if claimed.

Notes
  • Late filing of documents: allowed within 3 months from filing date without penalty.

Registration with Customs Duty

Notes
Customs registration in Taiwan is not possible. In principle trademark right protection will be provided on a complaint-based basis to avoid impediments to ordinary trade and other usual workload of Customs. That is the Customs Authority will act primarily on the complaint from the trademark right owners. In Taiwan, if a trademark right owner finds that imported or exported goods are in infringement of its trademark right, it shall lodge a complaint in writing to the customs office at the place of importation or exportation and the following information shall be submitted:

1- Facts of the infringement, and explanations for identification of the infringing goods.
2- Relevant substantive information including name of importer/exporter suspected of committing the infringement, name of goods, ports and dates of importation/exportation, voyage or flight numbers, container numbers, place of storage of goods.
3- Trademark registration documentation.

If such imported or exported goods are truly in infringement of the complainant's trademark right, the Customs Authority will transfer the case to the judicial authorities in accordance with the Taiwan Trademark Law and also notify the Taiwan Intellectual Property Office (TIPO).

Renewal Requirements
  • Power of attorney simply signed.
  • Photocopy of the trademark registration certificate.

Search Requirements
  • No documents are required.

Assignment Requirements
  • Power of attorney signed by the assignee.
  • Deed of assignment document signed by the assignor and assignee.

Notes
  • Late filing of documents: not allowed.

Merger Requirements
  • Power of attorney simply signed.
  • Merger agreement document signed by both parties.

Notes
  • Late filing of documents: not allowed.

Recordal of Change
  • Power of attorney reflecting the new name or address simply signed.
  • Certified copy of the certificate of incorporation or an extract from the commercial register reflecting the change.

Notes
  • Late filing of documents: not allowed.

License Requirements
  • Power of attorney signed by the licensee.
  • License agreement document signed by both parties.

Notes
  • Late filing of documents: not allowed.