Any acknowledged article or accustomed being is acceptable to administer for a brand afore the Taiwan Intellectual Office (TIPO). Those after a Taiwanese abode charge accredit a representative, who, in best cases, is a brand agent. Beneath accustomed law, anyone with a abode in Taiwan can be a brand agent. Thus, it is appropriate to annex a specialised law close to ensure bigger authoritative procedures and affection in acknowledged proceedings.
Taiwan brand convenance uses allotment aegis and the first-to-file assumption (ie, brand allotment is all-important to access brand rights and the arrangement of rights accretion correlates with the assay of brand applications). The absolute appropriate of brand aegis is 10 years from the date of advertisement for allotment and can be continued every 10 years thereafter.
The Taiwanese brand arrangement refers to the Nice Classification and permits multi-class applications, with official fees affected based on the cardinal of categories. In addition, appropriate logos can be displayed with ‘™’ or ‘®’.
Due to its different all-embracing status, Taiwan is not a affiliate of WIPO. However, in 2001 it acceded to the World Barter Organisation (WTO) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Moreover, Taiwan is a affair to abundant mutual agreements, belletrist of absorbed and abstracts of absorption accompanying to IP rights.
In accordance with Article 2 of the TRIPS Agreement, associates charge accede with the Paris Convention, abnormally Article 3, on the assumption of quasi-national treatment, which establishes that those who are not nationals of affiliate states but accept a abode or abode of business aural the breadth of a affiliate accompaniment may additionally affirmation priority. Hence, if an appellant is from a WTO affiliate state, antecedence can be claimed aural six months, provided that there is reciprocity.
In this regard, Article 20, Paragraph 1 of the Taiwan Brand Law reads:
An appellant who has appropriately filed an appliance for brand allotment in a country which has alternate acceptance of antecedence rights with the ROC, or filed such appliance with a affiliate of the World Barter Organization (WTO), may affirmation a appropriate of priority, for the purposes of registering the aforementioned brand in the ROC for some or all the aforementioned appurtenances or services, aural six months from the day afterward the date of filing of the aboriginal such application.
Since the amendments to the Brand Law in 2012, TIPO now accepts – above accustomed word, architecture and attribute marks – 3D shapes, barter dress (packaging), colours, motions, holograms, sounds, combinations, slogans and appropriate trademarks in the anatomy of aggregate and acceptance marks. In addition, beneath Article 18, Paragraph 1, touch, aftertaste and adenoids marks are additionally registrable.
Article 18 Paragraph 1 of the Brand Law reads:
A brand shall accredit to any assurance with distinctiveness, which may, in particular, abide of words, devices, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any aggregate thereof.
Under Articles 29 and 30 of the Brand Law, allotment may be banned beneath assertive conditions, including breadth the trademark:
Even if it is unregistered, a acclaimed brand (within the acceptation of Article 6bis of the Paris Convention) will be adequate and accustomed as breadth for abnegation of a brand allotment beneath Article 30, Paragraph1, Subparagraph 11 the Brand Act.
A brand charge be broadly recognised by a abundant admeasurement of the accordant enterprises or consumers in the accordant breadth in adjustment to be advised able-bodied known. This cachet is bent on a case-by-case base by TIPO, which assesses factors such as:
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