Trademark_Taiwan

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Filing Requirements:

Trademarks: Taiwan

Trademark Filing Requirements:

Power of attorney signed by the applicant (Power Form).
Declaration signed by the applicant.
Twenty specimens (5cm X 5cm) of the mark

Renewal requirements:

Simply signed power of attorney. (Power Form)
Original certificate of registration

Change of Name / Address:

Simply signed power of attorney (under new name). (Power Form)
Official document certifying change of name, notarized.
Original certificate of registration for endorsement.

Assignment requirements:

Powers of attorney from both parties signed by same people who signed assignment documents. (Power Form)
Assignment document signed by both parties. (Assignment Form)
Notarized certificates of Incorporation from both assignor and assignee.
Original certificates of registration of endorsement.
Nominal consideration is acceptable, income tax required on actual sum paid.
No stamp duty, with or without Goodwill.
Pending applications may be assigned, unregistered marks may not be assigned.

Assignment Agreement:

Simply signed power of attorney. (Power Form)
License agreement signed by both parties. No legalization or notarization required. (Assignment Form)
Short form is acceptable (available upon request).

Note: Article 33(4) of the Trademark Law requires that a licensee shall label a licensed trademark in an obvious and distinguishing way on licensed goods, their packaging, or containers thereof, or trade related articles or documents. In the case where labeling the aforementioned becomes evidently difficult, the licensing label can be shown at the place of business or on other relevant articles.

General Information:

Classification : International Classification.

Claiming priority under Paris Convention: No

Registrable: Trademarks, service marks, certification marks, collective marks.

Time from filing to registration : 12-16 months.

Registration Duration : 10 years from filing date.

Renewal Application: Within 6 months before expiry.

Publication : In the Official Gazette upon preliminary approval after passing the substantive examination.

Opposition Period : 3 months.

Use: Non-use for 3 years following registration makes the registration vulnerable to cancellation; it is possible to file an intent-to-use application in Taiwan.