Trademark Renewal in Taiwan

trademark renewalAnswers to frequently asked questions regarding trademark renewal procedure in Taiwan, provided courtesy of JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAW OFFICES.

  1. Is the evidence of use of the mark required for trademark renewal in Taiwan?

When filing a renewal application for a trademark in Taiwan, it is not necessary to submit evidence of use thereof. However, kindly draw the registrant’s attention that if without good cause the trademark has not been put into use, or has been continuously suspended from use for three years after registration, the TIPO shall, ex officio or upon a request, revoke the registration.

  1. Is any document required for the trademark renewal in Taiwan?

Please be informed that only the Power of Attorney executed by the registrant is required for filing a renewal application for a trademark. Evidence of use of the mark, declarations of use of the mark, statutory declaration, etc. are not required. Also, no notarization or legalization is required for the signed POA.

  1. If any grace period for renewal after registration protection would be available?

Yes, there is a six-month grace period to apply for the renewal of a registration. If the renewal application is filed within six months after the term expiration (within the grace period), it will be deemed as late renewal and the official fee for renewal should be paid in double. Furthermore, if the renewal application is filed later than the six months after the term expiration, it will be rejected and the trademark right shall become extinguished.

  1. Is it available to request for amendment of the registrant’s name, representative and/or address while filing the renewal application?

Yes, it is available to request for amendment of the registrant’s name, representative and/or address while filing the renewal application.  For the amendment of the registrant’s name, a copy of an official document showing the name change is required.

  1. Whether the designated goods/services of the registered trademark can be amended when filing the Renewal application?

No, no amendments shall be made to the reproduction of a trademark and the designated goods or services thereof after the trademark has been registered, unless such amendment is a restriction of designated goods or services, according to the Taiwanese Trademark Act, article 38.1.

Delivered by: Sandy WANG (Ms.) / Senior Partner
JAW-HWA INTERNATIONAL PATENT &
TRADEMARK & LAW OFFICES
10-1A Fl., No. 23, Sec. 1, Chang-An E. Rd.,
Taipei, Taiwan, R.O.C.
Tel.: +886 2 2531-0876 Ext. 172
Fax: +886 2 2581-2761
www.jaw-hwa.com.tw