Taiwan Trademark Application
Understand trademark definition, distinctiveness, class selection, and similarity search strategies. We also summarize fees, filing steps, and the examination timeline (about 6–7 months). With common refusal reasons and deadline pitfalls (office actions/corrections), key points of the first-to-file system, plus renewal and 3-year non-use cancellation reminders, this guide helps you identify risks early—at the naming stage—and avoid costly detours.
I. What Is a Trademark, and Why Register It?
A good name is the beginning of successful brand marketing. But a name that can successfully obtain trademark registration is an even more critical first step for a brand to develop steadily—because what truly makes a brand last is not simply “having a name,” but whether that name can become an exclusive right that belongs to you.
You can think of it like this:
➤ The bigger your marketing becomes, the more you need a “defense line that others cannot casually take and use.”
➤ The easier a name is to remember, the easier it is to collide with someone else’s name—so you need to see the risks early.
So trademark registration is not “fill out a form and you’re done.” Instead, it turns your investment in brand naming, packaging, websites, social media, and advertising into a long-term, enforceable right.
Before filing, it helps to first understand: what kinds of names and designs can stand firm in both law and the market?
What Can Be Filed? First Understand “Trademarks” and Their Core Functions
What logos/signs can be filed as a trademark?
Taiwan Trademark Act Article 18: Any sign with distinctiveness may consist of words, devices, symbols, colors, three-dimensional shapes, motion, holograms, sounds, or any combination thereof.
Therefore, a trademark can be words, graphics, colors, 3D shapes, and even sounds—and also scent or position, etc. As long as it is distinctive and enables consumers to identify the source, it may qualify for filing.
What does “distinctiveness” mean?
The core functions of a trademark are:
“Indicating source”: letting people know at a glance “whose it is.”
“Distinguishing from others”: ensuring the market does not mix you up with someone else.
In other words, a qualified trademark must clearly identify the provider of the goods or services, so consumers can distinguish: which brand the product comes from and how it differs from other options in the market. From recognition and memory to the final choice, a trademark is the first threshold for building brand awareness.
In fact, as early as the dawn of human civilization, people began using various symbols as identification tools to distinguish “this is mine” from “this is someone else’s.” Shepherds would attach name tags to sheep so they could be found if lost—the tag represented the most primitive form of ownership. In medieval Europe, potters, printers, bakers, and others also left words or symbols on products—these marks not only identified the maker, but gradually became symbols of quality assurance.
Taking it further: during the era when the Black Death was rampant, drinking contaminated alcohol could be life-threatening. To distinguish themselves from other merchants, German brewers would mark barrels with their brand names and declare that their brewing process complied with government regulations. These marks served as brand identifiers on one hand, and as guarantees of safety and quality on the other. Consumers were even willing to pay higher prices simply to buy products that could withstand verification.
All of this historical context points to the same message: a trademark is not only about law—it is also a carrier of trust. From “whose it is” to “how it differs from others,” today’s trademark system is not only a legal tool to safeguard intellectual property, but also an essential strategic asset for brand management.
Through a logo or a name, a business can create a strong impression in consumers’ minds, shaping a unique market position and a relationship of trust.
Returning to the starting point of the trademark system, distinctiveness is its core function and legislative foundation. Only when a mark has sufficient distinctiveness can it truly differentiate in the market, build a brand, and pass the authority’s examination to obtain registration.
II. Distinctiveness & Naming Strategy
Memorable doesn’t always mean registrable — you need distinctiveness.
💡Tip: The more “easy-to-understand” a name is, the more likely it may be considered to be describing the goods/services rather than pointing to your brand. What feels easy to understand may also appear “not brand-like enough” to examiners.
Choose from these three types to strengthen distinctiveness
✅ Fanciful marks: meaningless words, completely coined terms, e.g., “Xerox,” with the strongest protection.
✅ Arbitrary marks: existing words unrelated to the product, e.g., “Apple” used for computers.
✅ Suggestive marks: indirectly hint at product features, e.g., “Netflix” suggesting video streaming.
What situations lack distinctiveness and may not be registrable?
❌ Descriptive signs: “One-click completion” (computer animation design), “Close-to-you premium” (intimate apparel)
❌ Generic terms: “Tu Niu” (cement mixer), “TAPAS” (restaurant)
❌ Simple lines or basic geometric shapes
❌ Decorative or ancillary graphics
❌ Graphics related to the goods/services themselves
❌ Trendy graphics
❌ Geographic names: “Hua-Dong” (rice)
❌ Surnames: “Luo” (restaurant), “Jade Zhang” (jewelry)
The above are examples from TIPO’s Trademark Distinctiveness Examination Guidelines.
➤ Let the professionals handle it:
Whether a mark is distinctive involves examination practice in drawing boundaries between “descriptive, generic, and suggestive,” and is also affected by the designated goods/services and actual usage context. However, most people prioritize “easy to remember and easy to pronounce” when naming, and often overlook whether the wording is too common or descriptive. If distinctiveness is not evaluated at the naming stage, the cost of refusal may come later—therefore, it is recommended to have a professional trademark agent assist in assessing distinctiveness.
➤ A branding expert’s view:
Here’s a conclusion many find surprising, but it’s very practical: when naming a brand, people instinctively want something catchy, common, and easy to remember. But precisely because it is “too easy to understand and too common,” it becomes easier to step into the trap of “lack of distinctiveness,” and be deemed descriptive or lacking distinctiveness during examination.
We have discussed this in depth with a well-known branding and marketing expert in Taiwan and reached a conclusion that many may find unexpected but highly practical: more distinctive brand names are often better in the long run. Although it requires more effort upfront for the market to understand and remember the name, once consumer memory is established, the brand becomes less likely to be forgotten and less likely to be confused or mistaken for others. From the perspective of long-term operations and brand asset accumulation, it is often a more stable naming strategy.
👉 Start a Free Trademark Consultation Now
III. Taiwan Trademark Application — Key #1
Class selection (wrong class = protection gap)
The first step is to confirm the class for your trademark application—if the class is wrong, your rights may become “unusable.”
Taiwan adopts the Nice Classification system, with 45 classes. If you choose the wrong class, it often means you did not obtain the protection you truly need. Even if registration is granted, you may still struggle to enforce your rights because the designated scope does not match your actual business.
Real case:
We once encountered a restaurant client who mistakenly chose Class 35 (advertising, business management services), but did not cover the core restaurant Class 43 (food and accommodation services). After consultation, we helped clarify the actual business activities and protection needs, and recommended adding Class 43 to avoid future situations where, when facing counterfeiting or similar use, the client would fall into difficulties in evidence or enforcement due to class mismatch.
Class selection involves long-term brand planning
Goods/services class = scope of protection
1. Protect your core goods/services first
2. Evaluate whether the product line will expand (e.g., from a restaurant to frozen packaged products)
3. Think about collaboration potential for extensions (licensing, co-branding, merchandise)
How to find the right class?
Use the official “Goods/Services Name Classification Search” + formal terms
Goods/Services Name Classification Search
On the official “Goods/Services Name Classification Search” page, you can enter the goods or services you plan to apply for.
A key reminder: use formal, standardized terms. If you enter colloquial names, the system may not map them to standard terms, resulting in no results or incomplete results.
👉 Nor Sure Your Trademark Class-Start a Free Trademark Consultation Now
IV. Taiwan Trademark Application — Key #2
Similarity search and assessment
To obtain registration smoothly, in addition to having distinctiveness, another key requirement is: your mark must not be similar to another party’s already registered or prior-filed mark. If the examiner considers it similar, you will typically face refusal, or you may need to argue differences, negotiate, or adjust the filing strategy.
Therefore, before filing, it is recommended to conduct a trademark search through TIPO’s trademark database (LINK) to preliminarily confirm whether there are identical or similar signs already in the market, thereby reducing procedural cost and timeline risk.
What counts as “similar”? It’s not only about “THE SAME”
“Similarity” is not limited to exact matches. In practice, similarity is commonly assessed by looking at the mark’s appearance (visual form), pronunciation, concept/meaning, and overall impression, together with whether the designated goods/services are identical or similar. That means even if the wording differs by one or two characters, the design is slightly changed, or the pronunciation is close—if consumers may be misled into believing they come from the same provider—it can still be deemed similar and refused.
Therefore, it is recommended to include “similarity risk” in the naming stage evaluation, rather than waiting until the design is finished, packaging is printed, and social accounts are created to file. The most practical approach is: prepare several candidate names (including Chinese, English, and possible abbreviations/common spellings), then use the database for preliminary searches to confirm whether highly similar wording or designs exist.
If preliminary searches reveal potentially similar prior marks, rather than filing head-on and waiting for refusal, it is often better to adjust the naming direction early, or have a trademark agent assess the risk and plan alternatives—usually saving both time and money.
Trademark search instructions (Basic search vs Advanced search)
Before filing, be sure to search for similar marks using the TIPO Trademark Search System. Besides simple word searches, it is also recommended to have a professional agent conduct an overall assessment to avoid potential conflicts.
Basic: Basic Search
Go directly to the official search homepage — Taiwan Trademark Search System, and enter your trademark name under “Basic Search.” The system will then generate a results list primarily based on wording similarity.
✅ Pros: intuitive and quick to operate; suitable for a first-round fast scan.
❌ Cons: it lists “all similar wording” together, and may not filter precisely by the class you intend to file. As a result, irrelevant marks may be mixed in. If you only look at the number of results or superficial similarity, it is easy to misjudge—either “so many similar marks = definitely cannot use,” or “seems unrelated = should be fine.” Both can distort naming decisions.
Advanced: Advanced Search (recommended)
It is recommended to use the “Advanced Search” function on the homepage and set query conditions step-by-step as shown in the system. Typically, it includes: trademark wording (or design keywords) + designated goods/services class, and if necessary, add “groups” to narrow the scope so results better match what you actually intend to operate and enforce.
As for how to choose “goods/services name” or “groups,” refer to the previous explanation (search with formal names first, then map to correct classes and groups). This can significantly reduce overly broad results that cause misjudgments.
✅ Pros: you can filter by your intended goods/services class first and then search, excluding large amounts of irrelevant results. The results list becomes more focused, interpretation becomes more efficient, and overall accuracy is relatively higher.
Frequently Asked Questions / FAQ
If I can search myself, why do you still recommend a professional trademark agent to conduct searches?
Many people assume that “being able to find results” equals “being able to assess risk.” But the key of trademark similarity searching is often not obtaining a results list, but interpreting what each result means: which are truly high-risk similar marks that will affect approval? Which only look similar in wording but have limited impact in practice? More importantly, once a potentially similar prior mark is identified, what is the next step to avoid wasting time and fees on an application that is likely to be refused?
This is where a trademark agent adds value:
✅ Assess similarity level and refusal risk based on examination practice and experience, rather than only “does it look similar.”
✅ Provide workable modification strategies and strengthening solutions so you can improve approval chances at a controlled cost.
V. Warning! Other Common Non-Registrable Scenarios
If a mark is likely to mislead the public as to the nature, quality, or origin of the goods or services, it shall not be registered.
➤ Case (origin/source misunderstanding): “New York Furniture Design Center” was refused because the wording “New York” may cause consumers to believe it relates to source or origin.
➤ Case (quality misunderstanding): A mark containing “organic” in Chinese and English, where the applicant cannot provide official organic certification, may mislead consumers about quality and thus may be deemed not registrable.
VI. Taiwan Trademark Application — Step-by-Step Process
Understand the process, fees, and timeline at a glance, and avoid getting stuck on office actions or missed deadlines
Once you confirm the class, the mark has distinctiveness, and preliminary searches reveal no highly similar prior marks, the main pre-filing evaluation is largely in place. Next, you can proceed to document preparation and formal filing.
Key point: first-to-file = earlier filing is more advantageous
First come, first served: the first person who files an application obtains an earlier priority position. The later you file, the higher the chance that someone else has already filed first, causing your application to be refused by citation or forcing you to rename. Therefore, after naming and searching are done, do not wait too long to file.
Applicant information
Applicant = trademark registrant = rights owner
➤ The application can be filed by an individual or a company alone; it can also be filed jointly by multiple individuals, multiple companies, or individuals and companies together.
➤ The address must be a reliable mailing address: official notices are often sent in paper form (e.g., payment notices, office actions/corrections).
In practice, we have seen cases where applicants filed themselves but entered an incorrect address or had no one to receive mail, resulting in missing payment notices and ultimately lapse due to late/non-payment.
Trademark color selection
Should you claim color? Evaluate whether to file in black-and-white (monochrome) or in color.
➤ If color is a core identifier: If a specific color is already a key brand element, it is recommended to file a color trademark to protect the color as part of the mark.
➤ If color is not the main identifier: If color is not the key distinctive element, it is recommended to file in black-and-white (monochrome). After approval, you can flexibly adjust colors in actual use as needed, giving greater flexibility in trademark use.
Fee breakdown
| Item (NTD) | Paper filing fee | E-filing fee | Calculation | Example (paper filing) |
| Official filing fee | 3,000 | 2,400 | No. of marks × No. of classes | 1 mark filed in 2 classes → official fee = 6,000 |
| Official registration fee | 2,500 | 2,500 | No. of marks × No. of classes | 1 mark approved in 2 classes → official fee = 5,000 |
Examination timeline for Taiwan trademark application
Approximately 6 to 7 months
Frequently Asked Questions / FAQ
Why does trademark examination take so long?
When we tell clients that trademark examination usually takes about 6–7 months, many people’s first reaction is surprise. Before consultation, people often assume “application = quick result,” or even imagine it as a process where once you pay and submit, you immediately receive a certificate.
But in fact, trademark registration applications must go through a full examination process. It is not a “pay + submit application form” exchange for a certificate. The authority must conduct searches and examination on the application data, such as whether the mark is distinctive, whether similar prior marks exist, and whether any statutory bars apply. In addition, before the case enters formal examination, there is usually a queueing stage for case allocation, so the overall examination time naturally becomes longer.
Therefore, it is recommended that during startup or early brand planning, you incorporate this 6–7 month examination period into your timeline. Otherwise, you may have already invested marketing costs (such as ads, signage, business cards, decoration, etc.) before discovering the mark is refused—forcing you to rename and adjust brand assets, resulting in extra time and cost losses.
Common mistakes and success keys for Taiwan trademark application
Common mistakes
❌ Insufficient distinctiveness: the name is too generic or too descriptive
❌ No similarity search in advance: refused due to citation of a prior mark during examination
❌ Failure to respond within deadlines for office actions/corrections: the case may be not accepted or refused
Success keys
✅ Plan naming early: balance distinctiveness and creativity to reduce inherent risks
✅ Goods/services descriptions: make designated scope closer to actual use and aligned with examination logic
✅ File early and secure first-to-file advantage: ensure priority position and exclusivity, avoiding being preempted by others
Summary:
Taiwan trademark filing may look straightforward, but in practice there are many details that require attention. If you are refused and must re-file, early marketing investments (such as ads, signage, website domains, business cards, flyers, etc.) often need to be discarded and redone. Even more challenging, after re-filing, you must wait another approximately 6–8 months for examination, greatly extending both time and costs.
Therefore, early brand planning should be handled carefully, and it is recommended to engage a professional trademark agent to assess and plan your filing strategy to reduce risk and avoid unnecessary losses.
VII. After Registration
Now you can finally add the ® symbol next to it
Like a small but meaningful badge of achievement—to show the public that your mark has been officially registered. This helps communicate your registered rights and can deter unauthorized use.
This Is Only the Beginning-Renewal, use evidence, and cancellation risk
Registration success is not the end—it is the starting point of the trademark lifecycle.
Renewal period & grace period:
10 years per term; track deadlines early
A trademark right is valid for 10 years each term. Renewal can be filed within 12 months before expiry. If you fail to renew within the period, there is typically a 6-month grace period to file late, but you should note that additional fees or procedural risks may apply. It is recommended to plan and track expiry schedules early.
Once a trademark expires, it becomes invalid and you cannot claim infringement. Brand value and recognition may face rebuilding risks. Re-filing requires re-examination, and approval is not guaranteed.
3-year non-use cancellation risk: keep evidence routinely
Cancellation for non-use for three years: If, after the third year from registration, there is no actual use, the mark may be subject to cancellation proceedings.
It is recommended to keep evidence of actual commercial use, such as advertisements, invoices, and product listings/launch proof.
VIII. Frequently Asked Questions / FAQ
Everything You Want to Know Is Here!
Collected from popular Google Search questions to help you quickly understand key trademark issues:
Q: How do I apply for a trademark? Can I file myself?
A: Individuals and companies in Taiwan can file through TIPO’s online system, but professional agent assistance is recommended.
Q: What are the fees?
A: E-filing is NTD 2,400 per application per class; paper filing starts at NTD 3,000.
Q: How long does it take to get approved?
A: About 6–7 months. If office actions or responses are required, it may extend for several additional months.
Q: Can an individual apply? Does it have to be a company?
A: Yes. Either individuals or legal entities can be applicants.
Q: What can a trademark protect? Brand name? Logo? Sound?
A: Words, designs, sounds, and other distinctive signs can be registered.
Q: How can I check if my trademark has already been registered?
A: Use the “TIPO Trademark Search System.”
Q: Should a company name be registered as a trademark?
A: Recommended. If a competitor registers the company name first, you may face restricted brand use and may even be required to rename.
Q: Do startups need trademark registration?
A: Recommended to plan registration early to avoid future disputes and rework costs.
IX. Brand Expansion & International Strategy
The five foreign jurisdictions most commonly filed by Taiwanese applicants
➤ China: In recent years, this is where Taiwanese brands most frequently face preemptive filings; often a priority market to file.
➤ United States: A top choice for overseas expansion; large market with strict filing rules.
➤ Japan: Consumer and design brands often enter this market; frequent interaction and practices relatively close to Taiwan.
➤ ASEAN countries (e.g., Vietnam, Thailand): strong emerging market potential; many businesses file early in recent years.
➤ European Union: one filing can cover EU member states; suitable for expansion into Europe.
X. Taiwan Trademark Application Checklist
7-Step Pre-Filing Checklist
✅ Are candidate names ready? Prepare at least 2–3 options (including Chinese, English, abbreviations, and common spellings).
✅Have you confirmed the mark composition? If it includes words and a design, decide whether to file separately or file a combined “word + device” mark.
✅Are the classes correct? Do they cover both current core goods/services and the scope you may expand to in the short term?
✅Is distinctiveness sufficient? Can the mark help consumers identify source, rather than merely describing the goods/services?
✅Have similar marks been screened? Complete at least one round of advanced searching (including cross-checking classes and groups/subcategories).
✅Is the application information complete and receivable? Confirm applicant information and mailing address are correct to ensure you can receive official documents.
✅Have you set up a tracking mechanism after filing? After obtaining the official application number, set reminders to track examination progress and notices.
Build an Unbreakable Foundation for Your Brand
A trademark is not merely a registration procedure at the startup stage—it is the core of your overall brand strategy. From naming and filing, to avoiding common pitfalls, to renewal management and international expansion, every step is interconnected. Mastering key knowledge not only reduces risk effectively, but also helps your brand stand stronger and go further.
Whether you are a new startup, an e-commerce brand team, or an established business expanding internationally, now is a great time to review your trademark strategy. Don’t let trademarks become a barrier to growth—turn them into a solid shield that protects your creativity and investment, and build a long-term, sustainable competitive advantage.
Naming is not guesswork: Evaluate registrability first and avoid costly detours.
💡 Want to know whether your mark has distinctiveness and your approval chances?
💡 Want renewal reminders and registration management so you don’t worry about rights expiring?
💡 Want to expand internationally but unsure which market to start with?