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

Domain Name Registration   

  It will be appropriate for any a person to directly enter into the website of the registrar, TWNIC, http://rs.twnic.net.tw/, for registering a domain name in Taiwan.  For recording a domain name in Taiwan, the registration fee will be NT$2,000 per 2 years in connection with a company so far as an English name is concerned.  The particulars for filing such registration are as follows:

  1.  It will be necessary for a foreign company, which has never been recorded before the Taiwanese Government
  Office (Ministry of Economic Affairs), to submit the following required documents through Taiwanese attorneys-

      A)  Power of attorney;
  B)   The introduction of the applicant company with possible brochure(s); and
  C)  The agreement of the domain name application.

  2.  If a foreign company, which has been recorded before the Taiwanese Government Office (Ministry of
   Economic Affairs), it will be possible to register through the network by itself.

      A)  Operate according to the filing procedure/guideline through the system of domain name application
        stationed on http://rs.twnic.net.  Alternatively, to use the relevant web sites such as http://www.twnic.net;
        http://www.seed.net.tw; http://www.hinet.net and select the web page of Domain name registration system
        for connecting further the filing system.
  B)  After entering the ¡§filing domain name¡¨ item, fill in the information of the Applicant and the ¡§Domain name¡¨.
  C) Within 15 days by the date of filling in information, it will be necessary to send or transmit the following
       documents before the registration company, i.e. TWNIC.
       I)   A copy of the recordal document, such as COMPANY LICENSE, PROFIT SEEKING BUSINESS
            REGISTRATION LICENSE and so on;
       II) The agreement of the domain name application.

  3.  The registration company will proceed the examination after the receipt of filing documents and advise the result by E-mail.

  4.  The applicant needs to pay the registration, first and second annuity fees after receiving the allowance notice.

  Please refer to the Web Site of the domain name registration company, http://www.twnic.net.tw, to obtain further information.  If necessary, the foreign company can entrust this firm to proceed the registration for the interested name.  For such record, our service fee will be generally around NT$8,000. 

  This firm could handle matters concerning verification of the owner of a given .tw domain name and any other Taiwanese domain names under the same owner.  For such search, our service fees will be generally around NT$3,000-9,000 depending on the actual situation.


Trademark Canceling Practices and Fees 

  It is possible to cancel a registered trademark.  For filing a cancellation application for a registered trademark, our service and official fees will generally be NT$12,000up and NT$7,000 respectively.  In addition, the likelihood of success will depend on the evidence materials.  The client therefore can oppose the registered application in connection with registered goods owned by the Client successfully based on its trademark rights if:

      A) The Client provides the evidence that there was ever 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 Article 23
          (1)(14) of the Trademark Law;
      B) The Client provides the evidence to clarify the mark is ¡§well-known¡¨ and owned by the Client based on the
           Article 23(1)(12) of the Trademark Law, or
      C) The Client provides the evidence to clarify the registered mark having not been used or discontinuing from
           being used for three years without a due cause based on the Article 57(2) of the Trademark Law.


Chinese Company Name Search

  For proceeding a simple Chinese company name search, our service fees will be generally NT$3,000 excluding official fees and possible analysis.  For researching, preparing and reporting the search result with detailed English translation/particulars of company, our service fees and official fees will be generally NT$4,000 per 1 hour and NT$10 per 1 page respectively.  Specifically, for completing such actions, the estimate of the cost involved will be around NT$8,000.  Further, the authorities here will pay no attention to which English name a company is using.  Rather, they will only allow registration of a company if its Chinese name is distinguishable from those of others.


Trademark Infringement Before The Court 

  According to the Criminal Law, it will be enough for pursuing the criminal activities before the Judicial Investigation Authorities by providing the relevant evidence information and/or materials even though true infringer(s) is/are not found.  As you might know, it is always the Government¡¦s responsibility to curb the criminal activities, by identifying e.g. who is/are the criminal(s), how the public benefits are harmed, what kinds of crime(s) are committed¡K.   We accordingly should and need only do our best to provide all information and/or materials we have.

  It will be necessary, however, according to the Trademark Law, for claiming somebody¡¦s trademark infringements before the Courts to specify a certain infringer(s).  Under such circumstance, it is suggestible to conduct investigation for obtaining any specific infringer and more powerful infringement evidences.