TAIWAN
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered.
International Arrangements
Taiwan is not a signatory to the Paris Convention. However, if an applicant's home country is a member of the World Trade Organization and has a reciprocal agreement with Taiwan, priority can be claimed from an application filed in the home country.
Renewal
The term of trade mark rights is 10 years from the date of publication of the trade mark registration, less one day, and every 10 years thereafter.
Use Provisions
Non-use of a mark for a period of 3 years from registration renders it open to an action for cancellation by third parties. In addition, evidence of use of the trade mark in Taiwan must be filed in order to renew a registration.
Patent information
Types of Patent
Substantive with or without priority claim.
International Arrangements
Taiwan is not a signatory to the Paris Convention. However, if an applicant's home country is a member of the World Trade Organization and has a reciprocal agreement with Taiwan, priority can be claimed from an application filed in the home country.
Duration
Patents are granted for a term of 20 years from the filing date. In respect of patents for pharmaceuticals or agricultural chemicals or processes for manufacture thereof, a patentee may apply once only for an extension of the term of their patent for a period of two to five years.
Renewal
Annuities are payable only after a decision to grant has been issued by the Patent Office; the first annuity is payable along with the sealing fee within 3 months of the decision of allowance, and then subsequent annuities are payable on each anniversary of the registration date.
design information
Types of Design
International Arrangements
Taiwan is not a signatory to the Paris Convention. However, if an applicant's home country is a member of the World Trade Organization and has a reciprocal agreement with Taiwan, priority can be claimed from an application filed in the home country.
Duration
The term of a design patent expires after a period of 1) years from the filing date of the application, subject to the payment of renewal fees.
Renewal
Annuities are payable only after a decision to grant has been issued by the Patent Office; the first annuity is payable along with the sealing fee within 3 months of the decision of allowance, and then subsequent annuities are payable on each anniversary of the registration date.
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