Guidance of Trademark Opposition in Taiwan

2016-09-01
BORSAM IP
BORSAM IP  ————————————————
According to Article 40 of the Trademark Law, the registered trademark announcement (Mark), in violation of Article 23, paragraph 1 of Article 59, paragraph 4, anyone need to file opposition within three months from the announcement period of trademark registration before the Office.
 
Taiwan trademark opposition can opposite the entire application or partial applications.

Opposition notice

The opponent shall claim opposition within three months of the announcement period.

Respondent notice

The applicant shall respond to the opposition within a month after receiving the official notice.

Reply

After receiving the opposition notice, both sides can reply within one month, and there is no limit to number of reply. 

Ruling 

The Intellecual Property Office will rule after the reply.

Taiwan Trademark Opposition can be based on the following reasons:
 
1, priority rights

2, in violation of the prohibitions;
 
3, rush registration in bad faith;
 
4, prior copyright or design right;
 
5, According to “Paris Convention" article paragraph 2, that is, unregistered well-known trademark in member countries.

6, According to "Paris Convention" article paragraph 7, namely rush registration of the agent;
 
7, locally registered company name;
 
8, "Paris Convention" article eight, that is, the name of the manufacturer;
 
9, According to "Paris Convention" article paragraph 3, namely flag emblem, names and devices of international organizations;
 
10, harm to public morality.

The needed documents:
 
1.    The opposition application (specify the proposition articles, facts, reasons).
 
If the evidences are not submitted within the valid time, the applicant shall request to extension.
 
2.    Identification documents (copy of business license, front and back photocopy of identification card, certificate of citizenship or legal status).
 
3.    POA
 
4.    A copy of the application (to be required to attach a copy of the agent when there is agent).
 
5.    Two relevant evidences