The current trademark related regulations in Taiwan, China are mainly based on the so-called "Trademark Law" revised on November 30, 2016 and effective on December 15, 2016. The Intellectual Property Office of the Ministry of Economic Affairs of the Executive Yuan of Taiwan is responsible for managing trademark affairs, and the official language is Chinese. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Taiwan, China, China adopts the principle of "application first", but in some cases, trademark rights can also be claimed by "use first". For mainland applicants, trademark registration in Taiwan, China needs to be applied for separately.
At present, the Taiwan Ministry of Economic Affairs' Intellectual Property Bureau adopts the Nice Classification 11th edition for product and service descriptions, but the region has its own classification groups and products, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Taiwan, China are: words, graphics, marks, colors, three-dimensional shapes, dynamics, holograms, sounds, etc.
If the applicant does not live in Taiwan, China, China, he/she must entrust a special agent in his/her own region. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney (signed and stamped);
If priority is declared, proof of priority must be provided.
The main process of applying for trademark registration in Taiwan, China, China is as follows: application - examination - approval - issuance - announcement. The application will be accepted approximately one week after submission. The Taiwan Ministry of Economic Affairs' Intellectual Property Bureau will first conduct a formal review, mainly examining whether the application requirements and classification information comply with regulations. If they do not comply with regulations, a notice of correction will be issued; If it meets the requirements, the examiner will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After the substantive examination is passed, an approval notice will be issued and the applicant will be required to pay the registration fee. If the registration fee is paid on time, a registration certificate will be issued and an announcement will be arranged.
Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the registration will officially take effect; Under smooth conditions, it will take 10-12 months for trademark registration in Taiwan, China, China; If things don't go smoothly and there are rejections or objections, the time will be extended, which may take 2-3 years.
The trademark in Taiwan, China is valid for 10 years after registration, and the period of validity starts from the registration date; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.