A trademark is a sign to distinguish the goods or services under one's business. Until quite recently, the means of identifying one trader's products from those of another would be by a word mark and perhaps also an accompanying device mark. These marks would be registered and then relied on to maintain the trader's market position. In Taiwan, trademarks can consist of any word, drawing, symbol, combination of colors, or combination of any of these.

It is possible for a trader to use a trademark without applying for registration of the trademark. However, the advantages of applying to register a trademark include the following:

(1) The registered owner can be reasonably confident that use of the  registered trademark dose not infringe any other trademark registration;  
(2) A trademark application or registration puts other traders on notice that the applicant or registered owner claims ownership of that trademark;  
(3) It is easier to prevent other traders from using a registered trademark than it is to prevent them using an unregistered trademark.  

All goods and services are classified into one of 45 different classes. Classes 1 to 34 relate to goods (for example computer, eyeglass and telephone are in class 9), and classes 35 to 45 relate to services (for example advertising service, business marketing services and import and export agency are in class 35). A trademark may be registered in respect of goods and/or services in more than one class.

The rights given by a trademark registration are usually limited to the particular goods and/or services covered by that registration. For example, registration of a trademark in relation only to computer will not usually give the owner the right to prevent other people using the identical trademark in relation to telephone.


Trademark Law in Taiwan
Enforcement Rules of the Trademark Law in Taiwan


Trademark Law in Mainland China
Enforcement Rules of the Trademark Law in Mainland China