Registering Trademarks and Patents in Taiwan

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Taiwan is a world leader in electronics and advanced manufacturing, and an important market for many brands. It has its own intellectual property system, separate from mainland China and Hong Kong, so rights must be registered specifically in Taiwan.

1. Trademarks

• Authority: the Taiwan Intellectual Property Office (TIPO).
• National filing only: Taiwan is not part of the Madrid system, so a direct application must be filed in Taiwan. Applicants from WTO members can claim priority within six months of their first filing.
• Local agent: applicants without a domicile or business establishment in Taiwan must appoint a local agent.
• Procedure: substantive examination before registration. After registration is published, third parties have three months to file an opposition.
• Duration: 10 years from the registration date, renewable for further 10-year periods.
• Chinese-language mark: Taiwan uses traditional Chinese characters, so a Chinese brand name designed for mainland China may need a traditional-character version.

2. Patents

• Invention patents: 20 years from filing, with substantive examination, which must be requested within three years of filing.
• Utility models: 10 years from filing, granted after a formal examination.
• Design patents: 15 years from filing.

Taiwan is not a member of the Patent Cooperation Treaty (PCT), so the PCT national phase is not available. Foreign applicants should file directly in Taiwan within the 12-month priority period for inventions and utility models (six months for designs) based on their first filing in a WTO member or a country with reciprocity.

3. Practical tips

• Include Taiwan in your filing calendar from the start, because the priority deadline cannot be extended through the PCT.
• Prepare translations into traditional Chinese in good time.
• Taiwan has a specialised Intellectual Property and Commercial Court for IP disputes.
• Keep track of renewals and annuity payments.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules and fees change over time; seek specific advice before acting.