Best Trademark Lawyers in Taiwan

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Lee And Li

Lee And Li

Taipei, Taiwan

Founded in 1965
1,000 people in their team
Our core values of “we care,”“we serve,” and “we excel”ᅠguideᅠourᅠeveryᅠaction.ᅠWeᅠrecruitᅠseasoned experts and emerging...
Chinese
English
FDLAW

FDLAW

Taipei, Taiwan

Founded in 2000
50 people in their team
Personal service from a team of senior lawyersLegal consultation, corporate legal advisory servicesOur firm is a Taipei law firm and has been...
Chinese
English
Xiri Attorneys

Xiri Attorneys

Taipei, Taiwan

Founded in 2015
10 people in their team
We focus on providing in-depth and precise legal advice and transaction legal advisory services to both local and foreign corporate clients,...
Chinese
English
Pamir Law Group

Pamir Law Group

Taipei, Taiwan

Founded in 2003
50 people in their team
About PamirPamir Law Group provides international business and legal advisory services in Asia with offices in Taipei and Shanghai. Pamir has a long...
Chinese
English
Meridian Attorneys-at-Law

Meridian Attorneys-at-Law

Taipei, Taiwan

Founded in 2004
50 people in their team
Lawyers Lin Shengjun and Yang Junyuan founded the firm in 2004, and Lawyers Fan Jinkui, Lin Yajun, and Liu Lan joined the founding team in 2005.We...
Chinese
English
Kingdoms Law Firm

Kingdoms Law Firm

Taipei, Taiwan

Founded in 2000
50 people in their team
2021 Founder Recognition for Legal ContributionOur founder has been recognized by Chung Sheng Daily News as a highly competent legislator. The...
Chinese
English
Winkler Partners

Winkler Partners

Taipei, Taiwan

Founded in 2002
200 people in their team
Winkler Partners was founded in 2002 as the first law firm to operate as a partnership between Taiwanese and foreign attorneys. We offer clients a...
Chinese
English
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About Trademark Law in Taiwan

Trademark Law in Taiwan is structured to offer protection and assurance to companies, enterprises and individual inventors on the exclusive right to use their established trademarks. The law ensures a company's unique logo, symbol, name or combination therein is safeguarded from being used without permission. Taiwan's Intellectual Property Office under the Ministry of Economic Affairs is primarily accountable for administering trademarks in Taiwan.

Why You May Need a Lawyer

Given the complexity of trademark laws and procedures in Taiwan, legal assistance often becomes essential. This is noticeable when you’re registering a new trademark, defending an existing trademark, or involved in a trademark dispute. Lawyers are skilled in identifying potential infringements, composing persuasive dispute letters, negotiating settlements, and if necessary, navigating through judicial litigation proceedings. Additionally, lawyers are knowledgeable about the terms, conditions and exceptions that may be unclear for someone unfamiliar with trademark law.

Local Laws Overview

Taiwan Trademark Act is the main legal framework for trademarks in Taiwan. It stipulates that trademarks should be distinctive and capable of being represented graphically. Need to register for gaining protection and should be renewed every ten (10) years. Besides, it also recognizes 3D trademarks and sound marks. The Act discourages unfair competition stating that anyone using a trademark identical or similar to a well-known trademark, in relation to identical or similar goods or services, without the owner's consent, shall be liable for trademark infringement.

Frequently Asked Questions

1. How long does trademark registration take in Taiwan?

The process generally takes about 12 to 18 months if no oppositions are encountered.

2. Is it mandatory to register a trademark in Taiwan?

While not compulsory, registering a trademark provides legal protection against infringements.

3. How long is the protection period for a registered trademark?

A registered trademark in Taiwan is protected for 10 years and can be renewed indefinitely.

4. What happens if I fail to use my trademark after registration?

If a trademark is not used for three consecutive years without a legitimate reason, it may be revoked upon request by interested parties.

5. Can foreign trademarks be registered in Taiwan?

Foreign individuals or companies can register trademarks in Taiwan if they are also registered in their home country.

6. Are English-language trademarks protected in Taiwan?

Yes, English language trademarks are protected, provided they meet the necessary registration criteria.

7. How do I contest a registered trademark in Taiwan?

You will need to file an opposition or invalidation action with the Taiwan Intellectual Property Office. Legal advice is strongly recommended in such situations.

8. What sort of remedies are available for trademark infringement?

Available remedies include injunctions, damages, destruction of infringing goods and even criminal penalties in severe cases.

9. Can trademarks be assigned or transferred to others?

Yes, trademarks can be assigned or transferred to others with a proper written agreement.

10. Can a trademark application be opposed?

Yes, any party who believes that a trademark application infringes their rights may oppose the application.

Additional Resources

The Taiwan Intellectual Property Office and the Ministry of Economic Affairs are crucial resources which maintain official registries and detailed information about trademarks. Consider also joining industry associations and communities for invaluable networking and advice opportunities.

Next Steps

If you are in need of legal assistance regarding trademarks in Taiwan, begin by contacting a legal professional with a proven track record in trademark law. A preliminary consultation can illuminate your situation and the lawyer can advise on possible courses of action. Always ensure any agreements or contracts are well-documented.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.