ALIPO IP ATTORNEYS

Q & A

Taiwan Trademark

QIs it possible to file a trademark application covering goods that are not specified in the International Classification of Goods?

AYes. Goods that are not specified in the International Classification can still be classified by their nature, function and material.
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QHow long does it take to exam a trademark application?

AGenerally speaking, it takes about 8~10 months for examiner to exam an application. However, considering the complexity of Trademark examination process as well as of individual case, the length of examining a trademark application may vary. For some cases, it might take longer than expected.
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QHow to claim trademark priority?

AA trademark applicant that has been filed in a country mutually recognizing priority with Taiwan, may claim priority within six months following the filing date of which the trademark application was first filed in the given country...
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QCan multiple priorities be made for a multi-class application?

AAfter adopting the multi-class application system, goods in different classes may be nominated for one application only. There will be no problem if the priority dates of the goods in different classes are the same, even if the goods in the same class have different priority dates. (§20Ⅶ, Trademark Act)
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QWhat are the advantages of a multi-class application?

ACompared to a single-class application, a multi-class application reduces the overall filling time since only one application and one copy of relevant attachments are required, the application procedures are thus simplified. Moreover, costs are also reduced because after the multi-class application is approved for registration, government fees related to the..
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QWill the period for examining a multi-class application be prolonged?

AIn response to the provisions that allow one application to be designated for use on multiple classes, TIPO has, since January 1, 2002, implemented relevant supporting measures such as the system of multi-class application examination and case classification procedures, with an aim to maintain the examination period at five to seven months...
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QIf the products with registered trademarks are only exported to foreign countries and do not marketed in Taiwan. Can it be determined that registered trademarks are used in Taiwan?

AThe use of a trademark includes the use of a trademark for importation or exportation use, and is not confined to the marketing of the trademark in domestic market. For goods bearing a registered trademark in the ROC for exportation use, even if these goods are not marketed domestically, as the trademark aims to identify these goods as coming from...
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QWhat steps need to be taken if the information of a trademark right holder changes after the trademark has been registered?

AExcept for "the trademark" and "the designated goods or services" which cannot be changed, any changes to the trademark right holder's contact information or the information of its representative may be updated at any time in written stating such change.
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QWhat should be noted after a trademark has been granted registration?

AAfter acquiring the rights to a trademark, the registrant shall, in particular, note the following matters:(1) renewal of the term of exclusive use. (2) obligation to continuously use the trademark...
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QHow to use a trademark correctly?

AThe term “use of trademark” must at least satisfy the following two requirements: (1) the user must have the subjective intention of using the trademark in the course of trade; and (2) objectively, the use of which must be able to make relevant consumers recognize the trademark as such. The ways to use include applying a trademark to goods or packaging...
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