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Effective filing date and postdating in case of amendment |
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The filing date of an application is determined by the date on which TIPO receives the application containing an indication of the class and the specified goods (or services) together with representations of the mark. |
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The applicant may file an amendment to change the format of the mark or to add items of goods during the course of examination (but not after the acceptance for publication or rejection and additional official fees may have to be paid), in which case the amended application shall be postdated according to the date of filing the amendment. Limitation of the specified goods shall not affect the filing date. |
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Late filing of documents and completion of formalities |
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The power of attorney may be filed within 30 days after receiving the notice for completion of formalities. This term cannot be extended except the delay is caused by some reasons not ascribable to the applicant. |
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Priority claims |
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Taiwan joined WTO (World Trade Organization) on January 1, 2002 and since then all the applicants from WTO member countries are eligible to claim a priority in Taiwan. |
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In order to claim a priority, a Taiwan trademark application must be filed within six months following the filing date of the basic application. |
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Priority must be claimed at the time of filing by indicating in the application form the name of country in which the basic application was filed and the filing date thereof. |
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When a priority is claimed, the applicant must submit a certified copy of the basic application within three months after filing the application. Only the cover page of the certified copy needs to be translated into Chinese. |
| II. |
Multiple-Class Application Permitted |
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Adhering to the principles of Trademark Law Treaty (TLT) and the international trend, Taiwan permits a single application to cover multiple classes of goods. Also, Taiwan currently adopts the 9th Edition of the International Classification of Goods and Services. |
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Three Dimensional Mark and Sound Mark are registrable |
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Any word, drawing, symbol, color, sound or three-dimensional design or combination thereof which will suffice to let the consuming public to recognize it as a mark for identifying its goods/services and to distinguish such goods/services from those of others, such mark is accepted for registration. However, if the three-dimensional shape of a mark is associated with the function of its goods or packaging, it will not be registrable. |
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Post-Registration Opposition System Adopted |
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Taiwan adopts the post –registration opposition system that when TIPO accepts an application for registration, the application has to attend to the payment of registration within two months and TIPO will publish such registration for a three-month publication term in the Trademark Gazette inviting the public for opposition. |
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Payment of Trademark Registration Fee |
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Upon receipt of Notice of Acceptance, in order the decision accepting the registered mark may soon be published, the applicant must attend to the payment of registration fee within two months. The applicant may pay the registration fees for the total amount covering 1-10 years or in two installments, i.e. once within two months upon receipt of the Notice of Acceptance covering 1-3 years, and the 2nd installment within three months before the third anniversary after registration covering 4-10 years |
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