LaRiviere, Grubman & Payne, LLP

New Trademark Fee Schedule in Taiwan

By Evelyn Martin

Many of our clients seeking foreign protection select Taiwan as one of the countries for filing. Trademark filing fees in Taiwan will be revised effective February 1, 2011. According to the new regulations, the basic filing fee for Classes 1 to 34 will remain at NT$3,000 (@ $103 USD) for each class if the number of goods designated is less than 21 items. Additional fees of NT$200 (@$6.88 USD) per item, will be added for each item of goods in excess of 20.

Service Class 35 applications will be subject to an additional fee of NT$500 (@$17.22 USD) over and above the base fee of NT$3000 for each item of retail services greater than five. Official Fees for Service Classes 36 to 45 remain unchanged at NT$3000 for each class,

The Taiwan Trademark Office is imposing this increase due to the recent trend by applicants of listing a substantial number of goods in one class merely because they have just passed the threshold for the highest official fee of NT$9000 (@ $310 USD), regardless of whether such goods have been or will be used in the marketplace. The more goods or services listed, the heavier burden of examination in respect of acceptable terms and cross-examining of earlier marks.

On the other hand, the official fee will be reduced by NT$300 (@ $10.33 USD) for each e-filed application (not each class). To accelerate the examination, if the specification of goods or services complies with the acceptable terms in the TIPO, a further deduction of NT$300 for each class will be provided.

Contact our office for counsel in determining the appropriate goods and services for your foreign trademark applications.

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