Q & A

Taiwan Trademark

QCan an application for trademark renewal be filed upon the expiration of the term of trademark rights?

AYes, in preventing forfeiture of trademark rights from failing to apply for renewal, a trademark right holder is still entitled to file an application for renewal six months after the expiration of the term of trademark rights; however, the registration fee shall double. A term of ten years shall be provided for each successful renewal, and the term of...
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QHow to apply for renewal of the term of trademark rights?

AIn applying for renewal of the term of trademark rights, an application shall be submitted before the expiration. The renewal application may be filed for the whole or part of the designated goods or services. In addition, the renewal of trademark registration no longer adopts the examination system and is completed after the application is filed and the...
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QDoes a trademark license relationship remain in force after assignment of the trademark has been recorded?

AIf the trademark rights have been assigned after the recordation of the trademark licensing is binding upon a bona-fide third party through a public notice, the assignee shall undertake any encumbrance created in connection with that registered trademark. Therefore, the license agreement is still binding upon the licensee. In other words, the licensee may...
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QHow to abandon trademark rights?

AIf, in view of the operation status and the specific needs of an enterprise, a trademark right holder no longer needs to use the trademark concerned, he/she may notify TIPO in writing, stating the intent to abandon the rights. If so, the trademark rights terminate on the date when such notification reached TIPO...
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QWhat is Opposition? How does this procedure conduct?

AAny person who deems an approved, during its publication period, as having violated any of the provisions set forth in the Trademark Law, may, within three months from the date of publication, file an opposition with IPO.
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QWhat is Invalidation? How to file the application for invalidation of trademark?

AWhere the registration of a trademark violates provisions of paragraph 1 of Article 23 or paragraph 4 of Article 59, a concerned party or a trademark examiner may request or inquire the Registrar Office to invalidate the said registration...
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QWhat is the "Fast-Track” trademark examination mechanism?

AThe “Fast-Track" means, the trademark applicant who pay their fees duly and whose documents meet the following requirements at the time of application will find their cases examined two months earlier than others:1.Only applications for traditional trademark are eligible, excluding non-traditional trademark, certification mark, collective membership mark and collective trademark...
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