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Taiwan Trademark Law: What legal notes to Taiwan trademark certificate.

What is use requirement after trademark registration in Taiwan? What actions could be considered as use of trademark in Taiwan? Could we stop validity of trademark registration certificate based on non-use for a period of time? How many years of non-use?

A trademark must be used within three years after its registration. The use of trademark must be on the minimal amount in Taiwan.

What are required documents for renewal trademark in Taiwan? Is grace period after renewal date allowed?

The Power of Attorney is required for renewing a trademark in Taiwan. The grace period is 06 months from the expire date of the trademark registration.

Is cancellation of trademark registration in Taiwan available? What is the foundations for such cancellation?

The cancellation of trademark registration in Taiwan is available. A trademark may be cancelled where:
– The marks that breach the copyright of another parties.
– The mark that are similar or identical with the well-known trademark.

– The registered trademark conflict with the earlier trademark.
– The mark that are similar or identical with the armorial bearings, flags and other state emblems.

– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The mark is against the public policy or morality of the social.
– The mark that are deceive the public.

– The mark that are conflict with the protected industrial design or geographical indication.
– The mark is generic.

Is customs record of trademark registration available in Taiwan?

The trademark registration may be recorded online on customs data, but it is not automatically mechanism.

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