"*~FAQs for Trademark, Domain Name, Package and Company Name~*"

Trademark Registration Notice

Please be advised that there are no requirements in Taiwan for trademark owner to identify that a trademark is registered, such as by the use of the R in a Circle ® symbol. For your information, according to the Article 6 of the Trademark Law here, “The use of a trademark referred to in this Law shall denote the use of the trademark on goods, services or its associated articles, or through utilization of planar image, digital video/audio, electronic medium or other medium, sufficient to cause associated consumers recognizing it as a trademark, for marketing purpose.”

Further, according to the Article 58, “The registered trademark shall be considered used if the trademark rights owner has any of the following cases:

      1. Practically using the trademark different from the registered trademark without losing its identity under the
          general social concept;
      2. Indicating the registered trademark on goods for the export purpose or its relevant object.”

In view of the above, for an exporter, if the trademark owner identifies the registered trademark through affixing the convenient circled R to the exported designated goods, the trademark will be regarded “used” to avoid the repeal based on the non-use status.

Trademark Opposition/Cancellation Practices and Fees

For filing an opposition for a regular trademark application, our service and official fees will generally be NT$12,000up and NT$4,000 respectively. In addition, the likelihood of success will depend on the evidence materials. The client therefore can oppose the registered application successfully based on its trademark rights if:

A) The Client can provide the evidence that there was or there is ever any business relationship between the Client and the registrant in Taiwan or other countries for the latter to know this mark based on the Articles 23(1)(14) of the Trademark Law; or
B) The Client can provide the evidence to clarify the mark is “well-known” and owned by the Client based on the Articles 23(1)(12) of the Trademark Law .

Nevertheless, it will be also necessary for us to submit the executed power of attorney and the notarized certificate of the corporation for the Applicant.

Discount Program

Our discount practices for our service fees are as follows:

Numbers of Applications or classes at the same time	Discount
10 up	10%
20 up	20%
20+N up	20+N%

Trademark Renewal Practices and Fees

For filing a renewal, our service and official fees will generally be NT$6,000 and NT$4,000 respectively. In addition, the disbursement will generally be around NT$2,000. That is, the total cost will be approximately NT$12,000.

Further, according to the amended Trademark Law effective from November 28, 2003, it will be unnecessary for the Client to submit use evidences and the original Certificate of the Trademark Registration for renewing Taiwanese Trademark Registration. For effectuating the renewal of the registration, it is accordingly only necessary for the Client to submit the original of the executed power of attorney.

The protection period of the trademark registration is ten years from the registration date, pending renewed for subsequent registration protection. It needs to be filed within six months before or with the surcharge within six months after the date on which the registration has expired ten years.

Cost from Filing to Registration for One Trademark Application

Since for filing a single trademark application, our service fee will generally be NT$10,000 for the first class and NT$6,000 per class from the second class. In addition, the official fees will be NT$3,000, 5,000 and 9,000 based on the number (20, 60 and 60up) of the designated goods/services respectively for each class. For claiming the priority, our service charge will be about NT$2,000. In addition, the disbursement will generally be around NT$2,000. After filing, unless there exists any possible response costing from NT$8,000 to 20,000 each time, the issue fee will be our service fees, NT$6,000 for the first class and NT$2,000 per class from the second class, and the NT$2,500 official fee per class. In addition, the disbursement will generally be around NT$2,000. The total costs will be approximately NT$30,000 from filing to registration for one trademark application without official objections.