In Taiwan, trademarks must be registered for the owner to enjoy exclusive trademark rights under the Trademark Act. While some limited protection may be available to unregistered marks under other laws, notably the Fair Trade Act, trademark registration is the preferred means of protection.

Taiwan allows for multi-class applications and requires specific goods and service designations based largely on the international “Nice Classification” system. As in Japan, Taiwan's classification system includes sub-classes and there is a strong presumption that goods and services in the same subclass are similar. Applicants should also note that an overly broad designation of goods or services is one of the leading causes of trademark application delays.

Although Taiwan is not a member of the Paris Convention, priority may be claimed based on a first filed application in any WTO member state (with the exception of China).
The Trademark Act allows for registration of three-dimensional marks, colors and sound marks. The Act also protects marks against dilution.

A number of attributes are specified in the Trademark Act that disqualify a mark from registration. These include marks that are non-distinctive, descriptive, misleading, against public morals, or marks that are similar to the flags of any nation, national emblems, or symbols of famous international organizations.

The Trademark Act provides for a 10-year term of protection, which is renewable indefinitely for additional 10-year terms, following payment of the renewal fee. Trademarks may be renewed during the six-month period either before or after a mark’s legal expiration date.

The registration fee may be paid to the Taiwan Intellectual Property Office (TIPO) up front in one payment or separated into two installments. The first installment will cover the first three years of registration while the second installment covers the following seven years. Where the owner of a mark only requires the registration for a short period, it may decide to forgo payment of the second installment.

A mark does not need to be used in Taiwan prior to registration. However, if at any point following registration, use is suspended without reason for a period of more than three years, it may be canceled. “Use” is generally presumed to mean use in Taiwan.

Evidence of use is not required to file a trademark application in Taiwan. Once the application is filed, it will be subject to first procedural and then substantive examination.

It usually takes approximately 8-12 months from the filing date to obtain approval. The registration fee shall then be paid within two months following receipt of the approval letter. Following payment of this fee to the TIPO, the registration will be published in the Trademark Gazette and the Registration Certificate will be issued. This also marks the beginning of the three-month opposition period. If either the registration fee is not paid within the required time, or the mark is successfully opposed, the registration will be revoked and the registration certificate deemed invalid.

The duration of registration is 10 years and registrations may be renewed for successive 10-year periods. Evidence of use does not need to be submitted with applications to renew, and such renewals are not subject to substantive examination.