Best Trademark Lawyers in Taiwan

About Trademark Law in Taiwan, Taiwan

The Trademark Law in Taiwan, like other countries worldwide, aims to protect the distinctiveness of a trademark, ensuring it identifies and distinguishes the goods or services of one manufacturer or provider from those of others. The Intellectual Property Office (TIPO) of the Ministry of Economic Affairs governs Taiwan's trademark law, which provides the legal basis for the registration, use, protection, and management of trademarks within the territory.

Why You May Need a Lawyer

Legal assistance is often required in the field of trademark law due to its intricate nature. A lawyer can help extensively during the registration process, conducting thorough searches to check for existing trademarks to avoid potential disputes, including handling all necessary paperwork. Legal help is also essential if you are accused of trademark infringement or if someone else is infringing upon your trademark. Lawyers can provide guidance on the best strategies to enforce your rights in these situations.

Local Laws Overview

Under Taiwan's Trademark Act, a trademark registration is valid for ten years and can be renewed indefinitely, each time for a further ten-year period. Both foreign and domestic companies are treated equally in Taiwan and can register their trademarks. However, if the trademark is not used within three years, it may be revoked. Also, trademarks must be distinctive and able to differentiate the prospected goods or services from those of others.

Frequently Asked Questions

Is it compulsory to register a trademark in Taiwan?

Although it's not mandatory to register a trademark in Taiwan, it is highly recommended as the registration provides legal protection in the case of disputes.

Are foreign trademarks protected in Taiwan?

Yes, Taiwan is a member of the World Intellectual Property Organization (WIPO), thus foreign trademarks are under protection if registered in Taiwan.

What is the duration of a registered trademark in Taiwan?

A registered trademark is valid for ten years in Taiwan. However, the registration can be renewed indefinitely.

What type of trademark can be registered in Taiwan?

Almost any distinctive sign, such as words, images, three-dimensional shapes, or combinations of colors can be registered as a trademark in Taiwan, provided they are able to distinguish the goods or services.

What happens if my trademark is used without my permission?

You are entitled to take legal action against the infringing party. Legal professionals can assist you in taking appropriate steps to enforce your rights in such a situation.

Additional Resources

For additional reference, you can consult the Taiwan Intellectual Property Office (TIPO) or the Taiwanese branch of the World Intellectual Property Organization (WIPO). They offer valuable resources and guidelines regarding trademark registration, protection, and enforcement in Taiwan.

Next Steps

If you require legal assistance with trademark issues in Taiwan, the best step would be to consult a lawyer familiar with Taiwanese trademark law. They can provide you with tailored advice, ensuring you understand your rights and responsibilities and assisting you in enforcing those rights if necessary.