Taiwan Trademark Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
Q: What must a foreign trademark holder do to become eligible for trademark protection in Taiwan?
Protection is not offered to a company that claims "first use" in Taiwan. Taiwan has a "first to file" system that grants trademark rights based on the time of application for a trademark. Trademark applications must be filed through the Taiwan Intellectual Property Office of the Ministry of Economic Affairs. See above for more details on application and registration.
Q: What is the duration of trademark protection in Taiwan?
A registered trademark is valid for ten years, calculated from the time at which the registration is published.
Q: Where should a trademark owner file a criminal complaint alleging trademark infringement?
Initially, a criminal complaint should be filed with the prosecutor covering the jurisdiction in which the alleged infringement occurred. The rights holder may then make a search and seizure request, which the prosecutor's office will in turn present to the District Court. If the judge approves, the police will be authorized to conduct a raid of the site of the alleged infringement.
Q: What are the criteria for criminal prosecution?
Anyone who knowingly sells, displays for sale, or manufactures trademark infringing goods may be subject to criminal prosecution.
Q: What are the maximum criminal sentences?
The maximum sentence for the manufacture or production of infringing goods is no more than three years imprisonment and a fine of NT$200,000. Those who knowingly sell, display for sale, import, or export counterfeit goods are subject to a maximum sentence of no more than one year imprisonment and a fine not to exceed NT$50,000.
Q: Is it possible to stop Customs from allowing the export or import of counterfeit goods?
Yes. Trademark rights holders who suspect infringement may apply for suspension of release of imported or exported goods through the Directorate General of Customs or the Customs Authorities at the relevant port.
Contact us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com