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TW Trademark Overview
Taiwan operates a "first to file" trademark examination and registration system. Once the trademark application is granted, the trademark will be published for a three-month opposition period. The protection term is ten years from the date of publication of the registration and can be renewed for ten years each time. A trademark, without valid reasons, may be revoked if the trademark has not yet been put into use or has been suspended from use continuously for 3 years after registration.
In Taiwan, a trademark can be a sign consisting of any word, figure, symbol, color, sound, three-dimensional shape, or any combination thereof. There are four types of trademarks according to purpose of use: Trademarks, Certification Marks, Collective Trademarks, and Collective Membership Marks.
Trademarks:
Trademarks are used to identify one’s own goods or services.
Certification Marks:
A certification trademark is a sign used to certify the characteristics, quality, precision, place of origin, or other matters of another person's goods or services. Some examples are the Taiwan fine product sign, UL electrical appliances safety sign, ST toy safety sign, 100% wool sign, and the "Idaho Potatoes" seal on a sack of potatoes indicating the place of origin of the product. An applicant of a certification mark must be a juristic person, group, or government agency that is capable of certifying an entity's goods or services.
Collective Trademarks:
Collective Trademarks are marks or symbols used exclusively by a group, such as a business association or a social organization, such as a farmers' association or a fishermen's association, to identify the goods or services provided by its members. All goods or services produced/manufactured or provided by the association members may be labeled with the collective trademark to distinguish those goods or services from goods or services produced/manufactured or provided by others.
Collective Membership Mark:
A collective membership mark identifies the organization or membership of a business association, social organization, or any other group to identify its organization or membership. The Lions Club, the Rotary Club, and a political party are all eligible for filing an application to register a collective membership mark for identifying their organizations or memberships. They are used not to identify goods and services, but rather to identify the group itself or its members.
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