China’s Taiwan region operates an independent trademark legal system administered by Taiwan Intellectual Property Office (TIPO), under the revised Trademark Act effective May 24, 2023. It follows the first‑to‑file principle and is not a member of the Madrid Protocol, meaning international trademark registrations cannot extend protection here; all foreign applicants must file direct national applications. This article delivers practical legal insights for cross‑border brand owners, covering registrable mark scope, post‑registration obligations, administrative dispute mechanisms, well‑known trademark protection, licensing rules, infringement remedies and common pitfalls for overseas entities.
Broad scope of protectable trademark subject‑matters distinguishes Taiwan’s trademark regime from many Asian jurisdictions. Beyond conventional word marks, device marks and combined marks, the statute explicitly protects non‑traditional trademarks, including three‑dimensional shapes, color marks, motion marks, hologram marks and sound marks. For non‑traditional marks, applicants must submit sufficient visual or audio specimen materials to prove distinctiveness. A sound trademark, for example, needs audio files plus written descriptions; without adequate proof of source‑identifying capability, examiners will issue office actions rejecting the application. Many overseas applicants overlook this requirement and file only simple descriptions, leading to avoidable refusals.
Foreign applicants must appoint a local authorized trademark agent for all procedural filings. No self‑representation is permitted for non‑resident applicants, even for simple tasks such as responding to office actions, filing oppositions or recording trademark assignments. Power‑of‑attorney documents do not require notarization or apostille; a self‑declaration confirming copy authenticity satisfies official requirements. Priority claims may be filed within six months from the earliest foreign filing date under Paris Convention rules. Priority supporting documents shall be submitted within three months after application submission, and late submission will result in forfeiture of priority rights.
Three‑year non‑use revocation constitutes the highest‑risk post‑registration legal obligation for brand owners. Once registered, trademark owners must deploy genuine commercial use on designated goods or services. If a trademark remains continuously unused for three consecutive years, any third‑party stakeholder may file a revocation petition before TIPO. Upon receiving revocation notice, the trademark registrant bears the full burden of submitting valid use evidence, including sales invoices, product packaging, e‑commerce webpage screenshots, advertising materials and export documents. Token or trivial use will not sustain trademark rights. Many international enterprises lose trademark rights passively because they merely hold registrations without arranging local market deployment or preserving use evidence.
Licensing and assignment transactions carry critical recording formalities. Trademark licensing agreements must be recorded with TIPO to bind third parties. Unrecorded licenses are valid between contracting parties, but cannot oppose subsequent trademark assignees or bona‑fide third‑party purchasers. Similarly, trademark assignments take effect upon contractual conclusion, yet assignments shall be recorded with TIPO to complete rights transfer against third parties. Partial assignment covering selected goods or services within one class is permissible. When trademark rights are transferred, associated goodwill is not mandatorily transferred together with the mark, creating unique commercial planning flexibility for brand operators.
Multi‑layer administrative dispute procedures provide complete post‑registration challenge channels. Within three months from trademark registration publication, any person can file an opposition against the newly‑granted trademark on absolute or relative grounds, such as confusing similarity with prior marks or lack of distinctiveness. After opposition expiry, interested parties may file invalidation assessment against registered trademarks. Relative‑ground invalidation actions must generally be initiated within five years from registration publication, except for marks registered in bad faith copying well‑known trademarks, which are not subject to five‑year time limitation. Against unfavorable TIPO decisions, appellants may file administrative appeal, followed by administrative litigation before specialized IP courts.
Well‑known trademark protection operates across‑class protection without registration requirement. TIPO and courts can recognize well‑known trademark status ex‑officio or upon party request. Once well‑known status is affirmed, the mark obtains defensive protection against application or registration of confusingly similar marks on dissimilar goods or services, even if the well‑known mark is not registered locally. Nevertheless, brand owners should collect comprehensive evidence of market reputation, sales volume, advertising investment and geographic reach to support well‑known trademark recognition during disputes.
For trademark infringement, right holders can combine administrative complaint, civil litigation and customs border enforcement measures. TIPO can impose administrative fines against infringing parties. Civil remedies include injunction order, destruction of counterfeit goods and compensatory damages. Damage calculation approaches cover actual loss suffered by right holders, infringer’s illegal profits, reasonable royalty multiples or statutory compensation. Customs border seizure is a powerful practical tool: trademark owners may record registered marks with customs authorities to intercept counterfeit import and export shipmentstaiwan-ip..... Right holders must initiate civil lawsuit within statutory time limit after customs seizure notice; otherwise customs will release detained goods.
Cross‑border brand owners frequently encounter practical traps. First, Taiwan adopts Nice Classification, yet applicants should prefer TIPO‑published standard goods and service terms to accelerate examination. Second, trademark registrations are valid for ten‑year terms; renewal filings can be submitted six months before expiry, and late renewal is available within six‑month grace period with surcharge payment. Third, joint‑ownership trademarks require joint consent for licensing or assignment transactions. Overseas brand teams should build systematic trademark monitoring workflows, track opposition deadlines, preserve continuous‑use evidence and maintain local agent communication channels to mitigate trademark‑right loss risks.
1.IPcrossarkhttps://www.ipcrossark.com/en/trademark.html?cid=47
2.Trademark Act (English official text): https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0070001
3.TIPO official trademark subject webpage: https://www.tipo.gov.tw/en/lp‑294‑2‑1‑20.html
4.Schedule of trademark official fees: https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0070005
5. ICLG Trademark Laws and Regulations Taiwan 2026: https://iclg.com/practice‑areas/trade‑marks‑laws‑and‑regulations/taiwan/amp
