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.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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