Practice · Trademark

How to register and keep a trademark in Taiwan.

Trademark rights in Taiwan are obtained by registration with the Taiwan Intellectual Property Office (TIPO). According to TIPO, Taiwan is not currently a contracting party to the Madrid System; Taiwan is also not on WIPO’s list of Madrid Union members. A Madrid international registration therefore does not cover Taiwan. An applicant with no domicile or business establishment in Taiwan must appoint an agent domiciled in Taiwan. One application covers one trademark and may designate goods or services in two or more classes. This page sets out what to send us, the time limits, and the steps from filing to renewal, each with its source.

Last reviewed: October 16, 2026 Reviewed by Jack (Chieh-Kai) Yang

What we handle

Taiwan trademark search, filing, prosecution, and renewal before TIPO: word and device marks and non-traditional marks (three-dimensional, color, sound, motion, and hologram marks).
Responses to TIPO’s notices of grounds for refusal, including distinctiveness arguments under Taiwan examination practice.
Opposition, invalidation, and revocation proceedings.
Bad-faith and squatting challenges, including marks pre-registered by third parties.
Watch, recordation with Customs, and enforcement against infringement and counterfeiting.

Why an agent in Taiwan

An applicant with no domicile or business establishment in Taiwan must appoint an agent to apply for trademark registration and to handle other trademark procedures before TIPO (Trademark Act, Art. 6(1)). A person acting as agent in trademark matters before TIPO must be domiciled in Taiwan and, since May 1, 2024, must also be either a professional who may legally handle trademark agency matters, such as an attorney-at-law or a certified public accountant, or a trademark agent registered with TIPO (Art. 6(2) and (3); the two examples are from TIPO’s examination guidelines).

At a glance

The Taiwan trademark system in brief.

These are the points a foreign applicant or associate asks about first. The conditions and exceptions for each are set out further down the page.

Taiwan trademark essentials · TIPO
Point	Position in Taiwan
Office and law	Taiwan Intellectual Property Office (TIPO). The Trademark Act was last amended on May 24, 2023; those amendments took effect on May 1, 2024.
Basis of rights	Trademark rights are obtained by registration. As a rule, between conflicting marks the earlier application prevails. Prior use is not a condition for filing, but the applicant must intend to use the mark genuinely on the designated goods or services.
Registrable signs	Any distinctive sign: in particular words, devices, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination of these (Trademark Act, Art. 18(1)).
Madrid System	According to TIPO, Taiwan is not currently a contracting party; Taiwan is also not on WIPO’s list of Madrid Union members. A Madrid international registration therefore does not cover Taiwan; protection is obtained by filing an application for registration with TIPO.
Agent	An applicant with no domicile or business establishment in Taiwan must appoint an agent (Trademark Act, Art. 6(1)).
Classes	Nice Classification, Classes 1 to 45. One application covers one trademark and may designate goods or services in two or more classes (Trademark Act, Art. 19).
Priority	Taiwan is not a member of the Paris Convention. Priority is nonetheless available under Article 20 of the Trademark Act for a first application filed in a WTO member, or in a country that reciprocally recognizes priority rights with Taiwan. The Taiwan application must be for the same trademark, cover some or all of the same goods or services, and be filed within six months from the day following the filing date of the first application.
Refusal notice	Before refusing an application, TIPO must notify the applicant in writing of the grounds for refusal and set a period for observations: two months for an applicant with no domicile or business establishment in Taiwan, one month for an applicant with one (Enforcement Rules of the Trademark Act, Art. 34(1)).
Opposition	After registration. Any person may file an opposition within three months from the day following the date on which the registration is published, on the grounds listed in Article 48 of the Trademark Act.
Term	10 years from the date the registration is published; renewable for 10 years at a time (Trademark Act, Art. 33).
Non-use	TIPO must revoke a registration where the mark has not been put to use, or its use has been suspended, for a continuous period of three years or more without proper reasons, unless a licensee has used it (Trademark Act, Art. 63; the exceptions are set out under renewal and use below).
If refused	Administrative appeal within 30 days counted from the day after the decision is served, then an administrative action before the Intellectual Property and Commercial Court.

Article numbers refer to the Trademark Act and its Enforcement Rules; the links open the English translations at law.moj.gov.tw. For patent and trademark time limits on one page, see Taiwan patent and trademark deadlines at a glance.

If you use the Madrid System

As noted above, a Madrid international registration does not cover Taiwan, so Taiwan needs its own application, filed with TIPO. Where that application claims priority under Article 20 of the Trademark Act, it must be filed within six months from the day following the first filing date.

Before filing

What we need to file a Taiwan trademark application.

The filing date is the date on which an application stating the applicant, a reproduction of the trademark, and the designated goods or services is filed with TIPO. If one of these three elements is missing, the filing date is the date on which the missing element is supplied (Trademark Act, Art. 19).

Filing checklist · trademark application
Item	What TIPO requires	If it is not ready at filing
Applicant	A trademark applicant gives its name in Chinese, in traditional characters; a company or other organization must give both a Chinese and an English name, and an individual’s foreign-language name, if given, must be in English. Under TIPO’s guidelines, a foreign company’s name must be translated into Chinese, except for a distinctive part that is a letter abbreviation or an untranslatable combination of letters.	The applicant is one of the three elements that fix the filing date.
The mark	A reproduction in the format announced by TIPO. For electronic filing, it is a square JPG image of at least 300 dpi, between 5 cm × 5 cm and 8 cm × 8 cm. The image must be clear. The application form states whether the reproduction is in black and white or in color. Where the reproduction contains foreign-language wording, the application must state the language and the meaning of the wording; for a coined word, “no meaning” or “coined word” is entered.	The reproduction is one of the three elements that fix the filing date. Once the application is filed, it cannot be changed, apart from the non-substantial changes defined in the Enforcement Rules (Art. 24).
Goods and services	Each good or service listed specifically, in Chinese, in class order under the Nice Classification (Classes 1 to 45).	The designated goods or services are one of the three elements that fix the filing date. If they are submitted in a foreign language, no filing date is obtained until the Chinese text is filed. After filing, goods or services may be restricted but not added.
Priority claim	Priority must be claimed when the application is filed, and the application must state the date of the first application, the country or WTO member that received it, and its application number. If the date or the country or WTO member is not stated, priority is deemed not to have been claimed.	The application number, if not yet issued at filing, may be supplied later. A copy of the first application, certified as accepted by that country or WTO member, must be submitted within three months from the day following the Taiwan filing date; that period cannot be extended. If it is not submitted within the three months, priority is deemed not to have been claimed.
Power of attorney	A signed power of attorney stating the agent’s authority. As a rule, a scanned copy is enough for us to file.	A power of attorney may be filed after the application; TIPO sets the period in a notice, and the period stated in TIPO’s notice governs.
Corporate documents	A certificate of incorporation is normally not needed at filing.	TIPO may ask the applicant for proof of identity or corporate status.
Language	Trademark applications and related documents must be in Chinese. For a power of attorney in a foreign language, see Power of attorney below.	Where a supporting document is in a foreign language, TIPO may, where it considers it necessary, require a full or partial Chinese translation.

Goods and services

Taiwan classifies goods and services under the Nice Classification. An application designates goods or services in Classes 1 to 45, in class order, and must list each good or service specifically (Enforcement Rules, Art. 19; the class range is from TIPO’s application guide, in Chinese). A blanket designation such as “all goods in this class” does not secure a filing date.

Class headings, and the group and sub-group titles in TIPO’s reference list of goods and services, describe a possible range of goods or services only in general terms. Under TIPO’s examination guidelines (in Chinese), if one of them is used as the designation, protection is limited to the goods or services it names or clearly covers and does not necessarily extend to the whole class, group or sub-group; and a term that is too broad in meaning is not accepted as a designation and has to be specified. Goods and services should therefore be listed item by item rather than by copying a class heading.

Once the application is filed, the designated goods or services cannot be changed. They may be restricted but not added, even if the addition falls in the same similarity group as goods already designated (Trademark Act, Art. 23).

The official filing fee is calculated per class and, under the current fee schedule, in some classes also depends on the number of goods or services listed; TIPO’s published fee schedule governs.

The reproduction of the mark

Purely informational matter, such as a telephone number, an address, an ingredient statement or a net weight, and the ® and TM symbols have to be removed from the reproduction: TIPO asks for them to be deleted and for a clean reproduction in the original colors before it continues the examination (TIPO’s procedural examination guidelines, in Chinese).

After filing, the reproduction may be amended only where the change is not substantial, which the Enforcement Rules define as one of four cases: deleting an element that is non-distinctive or likely to mislead the public about the nature, quality or place of origin of the goods or services; deleting purely informational matter; deleting the ® or TM symbol; or showing in broken lines a part that is not part of the mark. The first case does not apply where the deletion alters the impression of source that the original reproduction gives consumers (Enforcement Rules, Art. 24).

Power of attorney

Taiwan’s patent and trademark laws and enforcement rules do not require a power of attorney filed with TIPO to be notarized or legalized; what they call for is a signed power of attorney stating the agent’s authority. TIPO may, where it considers it necessary, ask the applicant for documents proving identity or corporate status. This covers proceedings before TIPO only, not powers of attorney for court proceedings.

As a rule, a scanned copy of the signed power of attorney is enough for us to file; it is filed with a statement that it is identical to the original. Please keep the signed original: TIPO may ask to see it, and we will ask you for it if TIPO does.

Under TIPO’s procedural examination guidelines (in Chinese), a power of attorney written in a foreign language must be filed with a Chinese translation. The translation does not need to be signed, and the agent’s authority is determined by the original-language document.

For a later trademark filing that falls within the scope of a power of attorney already on file with TIPO, a copy may be filed in place of the original. Following TIPO’s application guide (in Chinese), the copy is declared identical to the original and states the number of the case in which the original was filed.

Under TIPO’s guidelines, the period that TIPO specifies in a notice for supplementing a trademark application (for example, filing a missing power of attorney) is, as a rule, two months for applicants with no domicile or business establishment in Taiwan (one month for those with one), and the period stated in TIPO’s notice governs. An extension may be requested, with reasons, before the period expires, and TIPO decides whether to grant it. If the power of attorney of an applicant with no domicile or business establishment in Taiwan is not filed within the period TIPO has set, the application is dismissed; a late filing made before TIPO issues the dismissal is still accepted (Trademark Act, Art. 8(1)). Periods fixed by the Trademark Act itself, such as the period for filing priority documents, are a different matter and cannot be extended at the applicant’s request.

TIPO’s trademark FAQ (in Chinese) states that, since May 1, 2024, a person who is not qualified to act as an agent in trademark matters may not be entered as agent in a trademark application form, even if named in the power of attorney; the power of attorney itself does not have to be corrected.

Priority

Priority: six months to file, three months for the certified copy.

Taiwan is not a member of the Paris Convention (TIPO’s commentary on the Trademark Act, in Chinese). Priority is nonetheless available under Article 20 of the Trademark Act: an applicant who has filed a trademark application in a WTO member, or in a country that reciprocally recognizes priority rights with Taiwan, may claim priority for an application in Taiwan for the same trademark covering some or all of the same goods or services, provided the Taiwan application is filed within six months from the day following the first filing date. Where priority is claimed, the priority date counts as the filing date.

Priority must be claimed when the application is filed, and the application must state the date of the first application, the country or WTO member that received it, and its application number; if the number has not yet been issued at filing, it may be supplied later. A copy of the first application, certified as accepted by that country or WTO member, must be submitted within three months from the day following the Taiwan filing date. This three-month period is a statutory period and cannot be extended. If the first filing date or the receiving country or WTO member is not stated, or the certified copy is not submitted within the three months, priority is deemed not to have been claimed.

The priority document

The priority document is the document issued and signed by the trademark authority of the country or WTO member where the first application was filed, certifying that the application was accepted. Under TIPO’s guidelines (in Chinese), printed application information, such as a filing receipt, an electronic receipt, a notice of acceptance or a certificate of approval issued by that authority, and a photocopy of a registration certificate are not priority documents.
The same guidelines provide that, for priority claims based on applications filed with certain offices named there, a certificate bearing a verification code that is downloaded and printed from the official website may be filed: the examiner checks it against that website using the code, and if the content matches it is treated the same as a paper certificate. Whether a particular electronic certificate qualifies is something we confirm for each case.
A photocopy of the priority document may be filed in place of the original, provided the applicant makes a prima facie showing that the copy is identical to the original (in practice TIPO usually accepts a signed declaration to that effect) or the original is already on file with TIPO and the copy identifies the case in which it was filed. TIPO may still ask for the original in order to check the copy, and returns it afterwards.
Under the Enforcement Rules, TIPO may require a full or partial Chinese translation of a supporting document in a foreign language where it considers this necessary. For the priority document, TIPO’s application guide lists it together with a Chinese translation, either in full or of the necessary parts.
Under TIPO’s examination guidelines, where the applicant in Taiwan is not the applicant named in the first application, a document proving the assignment of the priority right must be filed in addition to the priority document.

Priority may also be claimed in Taiwan from an application first filed in mainland China, for patents and trademarks alike. The same priority periods and requirements apply as for any other priority claim, and we check eligibility for each case.

Chinese names, scripts, color

How the mark will be used affects how it is filed.

TIPO’s trademark FAQ (in Chinese) puts the working rule in one line: use a mark the way it is registered, and register it the way it is used. As a rule, the reproduction filed should show the mark as it is already used or will shortly be used (trademark FAQ on black-and-white and color filings, in Chinese).

Where a registered mark is actually used in a form that differs from the registration, the use still counts as use of the registered mark if, according to general concepts in society, the difference does not affect the identity of the mark (Trademark Act, Art. 64). Under TIPO’s guidance on the use of registered trademarks (in Chinese), changes limited to the size, proportions, typeface or layout of the mark, variant forms of the same Chinese character, or upper and lower case of foreign letters usually fall within this rule, but each case is decided on its own facts.

A Chinese name alongside a foreign-language mark

If you sell, or plan to sell, under a Chinese name in Taiwan, consider registering the Chinese name as a mark in its own right, alongside the foreign-language mark. Two points from TIPO’s guidance explain why. A mark registered as a combination of Chinese and foreign-language wording is to be used as a whole: as a rule, using one part alone is not regarded as use of the registered mark and can expose the registration to revocation for non-use, and TIPO’s guidance is that a registrant who wants to use one part on its own should register that part as a separate mark. And the working rule quoted above applies here as well. How the Chinese and foreign-language versions are best filed therefore depends on how they will actually be used.

TIPO’s guidance adds that showing the Chinese and the foreign wording on different sides of the same item, such as the front and back of a package, can still count as use of the combined mark, and that use of the parts on separate items is assessed case by case together with the other evidence of use.

Traditional and simplified characters

Taiwan uses traditional Chinese characters. For a Chinese mark, we generally suggest filing it in the script in which it will actually be used here, in line with the same working rule. Under TIPO’s guidance, where a mark registered in traditional characters is used in simplified characters, whether that still counts as use of the registered mark is decided case by case, taking into account how the relevant consumers perceive it.

When TIPO compares two word marks for similarity, a difference in script does not by itself keep them apart: under its guidelines (in Chinese), where one mark is in traditional characters and the other in simplified characters and their meanings are similar, the marks are still regarded as similar because they are similar in concept and pronunciation.

Under TIPO’s procedural examination guidelines (in Chinese), where the reproduction of a mark contains simplified Chinese characters, the name of the mark is entered in traditional characters with a note that the mark is in simplified characters, and the Chinese wording of the mark is recorded in full in traditional characters in the analysis section of the form.

Black and white, or color

The application form states whether the reproduction is in black and white or in color, and the choice affects how later use is assessed. Under TIPO’s procedural examination guidelines (in Chinese), black, black and white, gray and black-and-white gradation are recorded as “black and white”; anything other than black, gray and white, including a reproduction that is only partly in color, is recorded as “color.”

TIPO’s guidance starts from the rule that a registered mark should be used in the colors in which it was registered. As a rule, where a mark is registered in black and white and is used in another color, the use still counts as use of the registered mark if the difference is only one of form and the main distinguishing features of the mark are unchanged. Where a mark is registered in color and the color is a main distinguishing feature, using it in black and white or in other colors does not count as use of the registered mark if that substantially changes those features. Each case is decided on its own facts.

Color trademarks

A “color trademark” is a separate type of mark that consists of a color, or a combination of colors, as such. A word or device mark that merely appears in color is not a color trademark. For a color trademark, the reproduction must show the color (broken lines may be used to show how or where it is applied and are not part of the mark), and the applicant must provide a description that names the color and explains how it is used on the designated goods or services (Enforcement Rules, Art. 14).

Examination

From filing to TIPO’s decision.

As a rule, between conflicting marks the earlier application prevails: a mark that is identical or similar to another person’s registered or earlier-filed mark, for identical or similar goods or services, cannot be registered where confusion among relevant consumers is likely, unless the owner of that mark consents and the consent is not obviously improper (Trademark Act, Art. 30(1)(10)).

Prior use is not a condition for filing: a trademark application does not require the mark to be in actual use on the market (TIPO’s trademark FAQ, in Chinese). The applicant must, however, intend to use the mark genuinely on the designated goods or services, and TIPO may ask for supporting evidence where it considers this necessary during examination (Enforcement Rules, Art. 12-1).

For 2025, TIPO reported an average first office action pendency of 5.6 months and an average disposal pendency of 7.1 months for trademark applications (TIPO Annual Report 2025). These are TIPO’s published averages for 2025, not a forecast for any individual case. See also How long does a Taiwan patent or trademark take?

Notice of grounds for refusal

Before refusing an application, TIPO must notify the applicant in writing of the grounds for refusal and set a period for the applicant to submit observations. That period is one month for an applicant with a domicile or business establishment in Taiwan, and two months for an applicant without one (Enforcement Rules, Art. 34(1)).

The applicant may request an extension of the period for observations by stating the reasons. The period may be extended by one month for an applicant with a domicile or business establishment in Taiwan and by two months for an applicant without one. If the applicant requests a further extension, TIPO may grant additional time at its discretion in light of the matters to be remedied, the reasons given, and the evidence; a request without good reason is not accepted (Enforcement Rules, Art. 34(2) and (3)).

According to TIPO’s trademark FAQ (in Chinese), TIPO does not approve an application in part and refuse it in part. If grounds for refusal apply to only some of the designated goods or services and the applicant does not restrict or divide the application before the decision, the whole application is refused.

Disclaimers

A disclaimer is required only where the mark contains a non-distinctive element and the inclusion of that element could give rise to doubt about the scope of the trademark right; without the disclaimer, the mark is not registered (Trademark Act, Art. 29(3)). According to TIPO’s trademark FAQ (in Chinese), as a rule no disclaimer is needed for wording that the trade and the public commonly use to describe the designated goods or services. For descriptive wording in a foreign language, what counts is use in Taiwan: wording that is common in the trade abroad but seldom used by the trade and the public here may still have to be disclaimed. If the applicant has not offered a disclaimer that TIPO considers necessary, TIPO issues a notice; if the applicant does not agree or does not reply within the period set, the application is refused (related FAQ item, in Chinese).

For foreign wording, TIPO’s guidelines (in Chinese) distinguish by language. English is treated as generally understood in Taiwan, so English wording is assessed under the ordinary rules. Wording in other foreign languages that are not widely understood in Taiwan must always be disclaimed if it is non-distinctive, and the disclaimer states the language and the Chinese meaning of the wording.

Earlier marks and letters of consent

A mark that conflicts with an earlier registered or earlier-filed mark may still be registered with the earlier owner’s consent, unless the consent is “obviously improper.” The Enforcement Rules define that as any of three situations: (1) the applied-for mark is identical with the earlier mark and designates identical goods or services; (2) the earlier registered mark is subject to a court order prohibiting its disposal; or (3) TIPO otherwise finds the consent obviously improper (Trademark Act, Art. 30(1)(10); Enforcement Rules, Art. 30).

According to TIPO’s trademark FAQ (in Chinese), filing the earlier owner’s letter of consent does not by itself overcome the refusal: the examiner still considers whether the consent is obviously improper. In a related FAQ item (in Chinese), TIPO also reads “identical” in the first situation to include marks, and goods or services, that consumers are likely to regard as the same.

TIPO’s commentary on the Trademark Act (in Chinese) adds three points. Marks that differ only slightly, such as in punctuation or letter case, are treated as identical, as are goods or services that are the same in substance despite different wording. Where one party’s goods or services are a broad category that includes the other’s specific item, the broader specification must be restricted to exclude that item before the two marks can coexist. And consent given between companies in the same group, or between affiliated companies, for reasons of global portfolio planning or business needs can be regarded as not obviously improper, unless they seek fully identical marks for identical goods or services.

Consent runs both ways over time: a party that has consented to another’s registration must itself obtain that other party’s consent if it later applies to register a mark that conflicts with the mark it consented to (Enforcement Rules, Art. 33).

Well-known marks, bad-faith filings, and prior users

Registration is the rule, but reputation and prior use still count under the Act, notably in three situations (Trademark Act, Arts. 30 and 36):

A mark identical or similar to another person’s well-known trademark or mark cannot be registered where confusion among the relevant public, or dilution of the distinctiveness or reputation of the well-known mark, is likely, unless the owner of the well-known mark consents to the application.
A mark identical or similar to another person’s earlier-used trademark, for identical or similar goods or services, cannot be registered where the applicant knew of that mark through a contractual, regional, business, or other relationship with its owner and filed with the intent to imitate it, unless that owner consents.
A person who was using an identical or similar mark in good faith on identical or similar goods or services before the filing date of the registered trademark is not bound by that registration, but only within the original scope of use, and the registrant may require an appropriate distinguishing indication to be added.

In the first two situations, whether the earlier mark was well known or already in use is judged as of the filing date of the application.

Under TIPO’s examination guidelines (in Chinese), whether a mark is well known is judged by recognition among consumers in Taiwan, and evidence of use in Taiwan is expected in principle. A mark that is not used, or not widely used, in Taiwan may still be found well known where objective evidence shows that the reputation built through extensive use abroad has reached Taiwan.

There is no opposition before registration. While an application is pending, any person who believes the mark should not be registered may submit a third-party observation to TIPO with the relevant facts and evidence. TIPO is not obliged to inform that person how the observation was handled, and the person may still file an opposition after the registration is published (Enforcement Rules, Art. 34-1).

Faster examination

Fast-track examination and accelerated examination.

These are two separate mechanisms at TIPO. The conditions for each are stated below.

Fast-track examination

Fast-track examination needs no request and no extra fee: TIPO’s system routes an application to the fast track automatically when all of the conditions are met. In outline: the application is filed electronically; every designated good or service uses a reference name from TIPO’s e-filing system; the mark is a conventional two-dimensional trademark; the filing fee is paid in full by an online method that TIPO’s system can match to the application; and, where an agent is appointed, the power of attorney is filed with the application (TIPO’s fast-track Q&A says it should reach TIPO no later than 20 days after the filing date).

In 2025, 72.2% of trademark applications qualified, and fast-track cases received their first notice on average 2.01 months sooner than regular cases (TIPO Annual Report 2025). Whether a given application qualifies depends on how it is filed, in particular on whether every item in its list of goods and services uses a reference name.

Source for the conditions: TIPO’s fast-track page and Q&A (in Chinese).

Accelerated examination

Accelerated examination has been available since May 1, 2024, under Article 19(8) of the Trademark Act: an applicant who needs to obtain rights promptly may state the facts and reasons and, on payment of an accelerated examination fee, ask TIPO to examine the application on an accelerated basis. It is not available once TIPO has issued a notice to amend the application or a notice of grounds for refusal.

A point for applicants outside Taiwan: under the Enforcement Rules (Art. 19-2), the need to obtain rights promptly is defined by reference to actual use of the mark, or substantial preparations for its use, on the designated goods or services. TIPO’s operating procedures define actual use as use in Taiwan, and TIPO’s Q&A states that the applicant must show use, or preparation for use, in Taiwan; use abroad does not qualify.

The Enforcement Rules set out two situations in which a prompt need for rights exists:

Type 1: the mark is already in actual use, or substantial preparations for its use have been made, for all of the designated goods or services.
Type 2: the mark is in actual use, or substantial preparations have been made, for some of the designated goods or services, and there is a commercial necessity and urgency to obtain rights, such as unauthorized use by a third party, an infringement warning received from a third party, a license request from a third party, a planned launch backed by signed sales or distribution contracts, or a planned exhibition backed by a signed contract. Under Type 2, acceleration covers only the classes in which the mark is used or about to be used; the other classes must be divided out or deleted.

Accelerated examination does not apply to certification marks, collective membership marks, or collective trademarks. The request is filed separately for each application, after the application is filed and before TIPO issues its first examination notice, and it is deemed not to have been filed until the accelerated examination fee is paid.

TIPO’s operating procedures and Q&A for accelerated examination are in Chinese.

After approval

Registration fee, publication, and the three-month opposition period.

When an application is approved, the registration fee must be paid within two months from the day following service of the approval decision. Only after payment is the registration published and the registration certificate issued; if the fee is not paid within that period, the mark is not published for registration. Trademark rights arise on the date the registration is published, and the opposition period follows that publication (Trademark Act, Arts. 32, 33 and 48). According to TIPO’s trademark registration fee payment form (in Chinese), the registration is published and the registration certificate is sent about one month after TIPO receives the fee.

An applicant who unintentionally fails to pay the registration fee within the two-month period may still pay within six months from the day following the end of that period, together with a statutory surcharge, and TIPO will then publish the registration (Trademark Act, Art. 32(3)). This remedy is not available where it would affect a trademark application filed, or trademark rights obtained, by a third party during that time. Restoration to the status quo ante under Article 8 of the Act is not available for a missed six-month period.

Opposition

Opposition comes after registration: any person may file an opposition with TIPO within three months from the day following the date on which the registration is published, on the grounds that the registration falls under Article 29(1), Article 30(1), or Article 65(3) of the Trademark Act. An opposition may be directed at some of the designated goods or services, and must be filed separately for each registered trademark (Trademark Act, Art. 48).

Invalidation

A registered trademark may be challenged by invalidation: an interested party may file for invalidation with TIPO, or a trademark examiner may propose it, on the grounds that the registration falls under Article 29(1), Article 30(1), or Article 65(3) of the Trademark Act (Trademark Act, Art. 57(1)).

For some grounds (Article 29(1)(1) and (3), Article 30(1)(9) to (15), and Article 65(3)), invalidation can no longer be filed or proposed once five years have passed since the publication of the registration; the five-year limit does not apply to bad-faith registrations falling under Article 30(1)(9) or (11) (Trademark Act, Art. 58).

Responding in opposition, invalidation, and revocation cases

In opposition, invalidation, and revocation proceedings, TIPO serves the filing on the registrant and sets a period for a response; a revocation application that lacks concrete facts and evidence, or is obviously groundless, may instead be dismissed outright. If the registrant responds, TIPO serves the response on the party that brought the case and sets a period for comments. Where a response or comment is likely to delay the proceedings, or the facts and evidence are already clear, TIPO may decide the case without inviting a further reply (Trademark Act, Arts. 49, 62, 65(1) and 67(1)).

Under TIPO’s examination guidelines for trademark dispute cases (in Chinese), which cover opposition, invalidation, and revocation, the first period to respond runs from the day after the notice is served: one month for a registrant with a domicile or business establishment in Taiwan and two months for a registrant without one. Any later notice to respond allows one month, whether the registrant is in Taiwan or abroad. These periods are designated by TIPO, not fixed by statute; the period stated in TIPO’s notice governs.

Where TIPO forwards the registrant’s response to the party that filed the opposition, invalidation, or revocation, the period for that party to comment is, as a rule, one month. The period to respond or to comment may be extended by one month on a request filed before the period expires that states the reasons and the length of extension sought. A second request is, as a rule, not accepted; where the reasons are found to be genuinely justified (the guidelines give the example of both parties agreeing to negotiate and asking for a stay), one further month may be granted.

Keeping the registration

Ten-year term, renewal, and the use requirement.

Trademark rights begin on the date the registration is published and last 10 years. The term may be renewed, for 10 years at a time (Trademark Act, Art. 33).

A renewal application must be filed, and the renewal fee paid, within the six months before the term expires. It may still be filed within six months after the term expires, with a statutory surcharge (Trademark Act, Art. 34). The renewed term runs from the day following the expiry of the previous term. TIPO does not accept a renewal application filed earlier than six months before expiry or later than six months after it; the only exception TIPO notes for a late filing is restoration where the delay was caused by a natural disaster or another cause not attributable to the applicant (TIPO’s renewal notes, in Chinese).

If a registration is not renewed under Article 34, the trademark rights are extinguished from the day following the expiry of the term (Trademark Act, Art. 47).

Renewal is not examined for use: TIPO does not substantively examine whether the mark is in genuine use when a registration is renewed, and the documents TIPO lists for a renewal application do not include evidence of use (TIPO’s renewal notes, in Chinese; TIPO FAQ on renewal). The registrant must still use the mark after registration to avoid revocation for non-use.

A trademark renewal filed through an agent needs a power of attorney. Where the one already on file with TIPO covers renewals, a copy can be used; we check the power of attorney you gave us earlier and tell you whether a new one is needed.

Revocation for non-use

TIPO must revoke a registration, on its own initiative or on application, where the mark has not been put to use, or its use has been suspended, for a continuous period of three years or more without proper reasons, unless a licensee has used it. The registration is not revoked if the mark is already in use when the revocation application is filed, except where that use began within the three months before the filing because the registrant learned that an application would be filed. Where the ground exists for only some of the designated goods or services, revocation may be limited to those (Trademark Act, Art. 63).

In a non-use revocation case, once the notice to respond has been served, the registrant must prove use of the mark; if no response is filed within the period set, TIPO may revoke the registration directly (Trademark Act, Art. 65(2)).

After registration

Customs protection, licenses, and assignments.

Customs

A registrant who believes that imported or exported goods may infringe its trademark may apply to Customs for “advice protection”: during the term of the trademark, the registrant gives Customs information that lets Customs tell genuine goods from infringing ones, and Customs records it in its intellectual property rights database. Each application covers one registration number. Protection runs from the date Customs approves it until the trademark term expires, unless Customs ends it early: it may do so if it cannot reach the registrant or its agent through the contact details on file, or if a registrant with no domicile or business establishment in Taiwan no longer has an agent appointed. After the registration is renewed, the registrant may apply to Customs to extend the protection (Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademark, Arts. 2 to 5).

Where Customs, in the course of its duties, finds imported or exported articles that clearly appear likely to infringe a trademark, it must notify the registrant and the importer or exporter. Customs sets a period for the registrant to identify the articles and furnish proof of infringement, and for the importer or exporter to furnish proof of non-infringement. If the registrant furnishes proof of infringement and the importer or exporter does not furnish proof of non-infringement, Customs may suspend release of the articles (Trademark Act, Art. 75(1)–(3)).

Counted from the time it receives the Customs notice, the registrant must confirm at the Customs office or on the Customs-approved platform that it will carry out the identification, within 4 hours for air export goods and within 24 hours for air import goods and sea import or export goods, and must submit evidence of infringement or non-infringement within three working days. Where there are legitimate reasons, it may apply before that period ends for one extension of three working days (the same Regulations, Art. 7).

A registrant may also apply to Customs in writing to detain imported or exported articles suspected of infringing its trademark. The application must state the facts of the infringement and be accompanied by security equivalent to the Customs-assessed duty-paid price of the imported articles or F.O.B. price of the exported articles (Trademark Act, Art. 72(1) and (2)).

A registrant with no domicile or business establishment in Taiwan must appoint an agent domiciled in Taiwan to handle these Customs matters, and the agent must submit a power of attorney specifying the powers conferred (the same Regulations, Art. 14).

Licenses and assignments

A registered trademark may be licensed, exclusively or non-exclusively, for all or some of the designated goods or services and for a specified territory. A license cannot be asserted against third parties unless it is recorded with TIPO; the same applies to a sub-license (Trademark Act, Arts. 39(1)–(2) and 40(3)).

A transfer of a trademark right cannot be asserted against third parties unless it is recorded with TIPO (Trademark Act, Art. 42).

Refusals and courts

If TIPO refuses the application, and which court hears trademark cases.

A decision refusing a trademark application may be challenged by administrative appeal. The appeal must be filed within 30 days counted from the day after the decision is served (Administrative Appeal Act, Art. 14).

The administrative appeal is decided by the Ministry of Economic Affairs. As a rule it is filed through TIPO; an appeal lodged directly with the Ministry is also provided for (Administrative Appeal Act, Art. 59).

If the administrative appeal is unsuccessful, an administrative action may be brought within a peremptory (non-extendable) period of two months after the appeal decision is served (Administrative Litigation Act, Art. 106).

The court of first instance for administrative actions arising under the Patent Act or the Trademark Act is the Intellectual Property and Commercial Court. The court has operated under that name since July 1, 2021, when the amended Intellectual Property and Commercial Court Organization Act took effect; it was previously the Intellectual Property Court.

First-instance civil actions arising under the Patent Act, the Trademark Act, and the other intellectual property statutes listed in the court’s Organization Act fall within the exclusive jurisdiction of the Intellectual Property and Commercial Court. Under the same provision, a court that the parties have agreed on in writing, or a court before which the defendant argues the merits without contesting jurisdiction, also has jurisdiction (Intellectual Property Case Adjudication Act, Art. 9(1), in force since August 30, 2023).

Fees and instructions

Fees, who handles the work, and where to read more.

Fees are scoped and quoted per matter before work begins. To ask for a quote, see How to send instructions on our For Foreign Associates page, which also sets out how we check for conflicts of interest and report TIPO’s notices.

Jack (Chieh-Kai) Yang, Taiwan Trademark Agent (since 2014), handles the firm’s Taiwan trademark prosecution and strategy.

Official sources

Trademark Act and Enforcement Rules of the Trademark Act (English translations, law.moj.gov.tw)
Administrative Appeal Act; Administrative Litigation Act; Intellectual Property and Commercial Court Organization Act; Intellectual Property Case Adjudication Act (English translations)
Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademark; Fee-charging Standards of Trademark (English translations)
TIPO Annual Report 2025
TIPO examination guidelines, in Chinese: Procedural Examination Guidelines for Trademark Registration Applications; trademark dispute cases; likelihood of confusion; disclaimers; well-known trademarks
Other TIPO documents, in Chinese: application guide for trademark registration; guidance on the use of registered trademarks; commentary on the Trademark Act; fast-track examination; accelerated examination operating procedures and Q&A; registration fee payment form
TIPO trademark FAQ, in Chinese: Madrid System; registration without prior use (FAQ 2.5.6); use as registered; disclaimers (when one is needed, TIPO’s notice); black-and-white and color filings; partial refusal; letters of consent (effect of a letter of consent, when consent is obviously improper); agents named in a power of attorney
TIPO renewal notes, in Chinese: the period for applying; scope of the renewed registration
TIPO FAQ in English: renewal; how to use a registered trademark

Common questions

Taiwan trademarks: questions foreign applicants ask.

Can a trademark be protected in Taiwan through the Madrid System?

No. According to the Taiwan Intellectual Property Office (TIPO), Taiwan is not currently a contracting party to the Madrid System; Taiwan is also not on WIPO’s list of Madrid Union members. A Madrid international registration therefore does not cover Taiwan. Trademark protection in Taiwan is obtained by filing an application for registration with TIPO under the Trademark Act.

Is Taiwan a first-to-file trademark jurisdiction?

Yes, as a rule: trademark rights in Taiwan are obtained by registration, and where two marks conflict the earlier application prevails. Reputation and prior use still count under the Trademark Act, notably in three situations set out in Articles 30 and 36: a mark that conflicts with another person’s well-known mark, an application filed with the intent to imitate an earlier-used mark that the applicant knew of through a contractual, regional, business, or other relationship with its owner, and good-faith use that began before the filing date of the registered trademark.

Does a mark have to be in use before filing in Taiwan?

Prior use is not a condition for filing: a trademark application does not require the mark to be in actual use on the market. The applicant must, however, intend to use the mark genuinely on the designated goods or services, and TIPO may ask for supporting evidence where it considers this necessary during examination.

How many classes can one Taiwan trademark application cover?

One application covers one trademark and may designate goods or services in two or more classes. Taiwan classifies goods and services under the Nice Classification, in Classes 1 to 45, and an application must list each good or service specifically.

Can non-traditional marks be registered in Taiwan?

Yes. A trademark is any distinctive sign. It may consist, in particular, of words, devices, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination of these (Trademark Act, Art. 18(1)).

How long is the trademark opposition period in Taiwan?

Opposition comes after registration: any person may file an opposition with TIPO within three months from the day following the date on which the registration is published, on the grounds listed in Article 48 of the Trademark Act. There is no opposition before registration; while an application is pending, any person who believes the mark should not be registered may submit a third-party observation to TIPO with the relevant facts and evidence.

How long does a Taiwan trademark registration last, and when is it renewed?

Trademark rights begin on the date the registration is published and last 10 years. The term may be renewed, for 10 years at a time. A renewal application must be filed, and the renewal fee paid, within the six months before the term expires. It may still be filed within six months after the term expires, with a statutory surcharge (Trademark Act, Art. 34).

What happens if a registered Taiwan trademark is not used?

Does the power of attorney have to be notarized or legalized?

Insights

Start a Taiwan trademark matter.

Send the mark, the goods or services, and the first filing date (if priority is to be claimed) to info@cc-collab.com.tw; we will normally reply by email on the next business day.