Fast-track trademark applications scheme due to launch on 1 May 2020

The Taiwan Intellectual Property Office (TIPO) has announced that it will start accepting fast-track trademark applications as of 1 May 2020. TIPO examiners will review these applications two months earlier than ordinary ones and it is also expected that applicants in this scheme will know whether their application has been accepted one-and-a-half months earlier than applicants in the standard system. Applicants to this acceleration programme can therefore take advantage of the fast results to promote their goods and services in the market before ordinary applications are processed.

To be eligible to file a fast-track application, the following requirements must be met:

• applicants must file an e-application;
• applications are for the registration of 2D trademarks -non-traditional marks, certification marks and collective marks cannot be the subject of an accelerated application;
• all of the goods and services are listed in the applications as per identifications acceptable for and referenced in the TIPO e-application system;
• payment of the filing fees must be made via a pre-designated account and be based on the instructions of the printed e-payment note or payment must be via the e-ATM of the e-application payment account; and
• the power of attorney is submitted with the application where a representative is authorised by the applicant. However, if the applicant files the application on their own, power of attorney will not be necessary.

If the trademark application meets all of these requirements, the application will be indicated as an expedited case in the detailed list on TIPO’s trademark search system one month after the filing date and will be added to the examination list earlier than normal, because it will already comply with the procedural requirements for filing. If the filing date of the fast-track application is 1 May 2020, the fast-track trademark application can be added onto the examination list two months earlier than normal, which will result in the trademark application being examined at a schedule similar to applications with a filing date of 1 March 2020.

However, accelerated applications will still need to comply with Taiwan’s first-to-file regime. For example, an application with a filing date of 1 March 2020 will prevail over an application with a filing date of 1 May 2020 if the marks are identical or similar or if the goods or services are identical or similar, as there would be a likelihood of confusion among relevant consumers if the mark of the later-filed application were to be registered.

Table 1. Fast-track requirements