COUNTRY : REPUBLIC OF CHINA
CAPITAL : TAIPEI CITY
LANGUAGE : MANDARIN
MEMBER : WTO, APEC
Following can file Design Applications:
• 2 Dimensional, 3 Dimensional, general appearance of a design.
• Decoration, Shapes, Lines, Colours.
• Combination of all of the above.
The following kinds of Designs are not registrable:
• Designs which are not new or original
• Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date.
• Designs which are not significantly distinguishable from known designs or combination of known designs or
• Comprises or contains scandalous or obscene matter.
• No design that is contrary to public order or accepted principles of morality can be registered.
• According to the content of the Paris Convention, designs that cannot be registered include those involving misuse of coats of arms, flags and other emblems, letters or designations of international intergovernmental organisations, as well as the Spanish shield, flag and other emblems, or those belonging to its autonomous regions, towns, provinces or other local bodies, unless express permission has been given.
• Also prohibited are designs incorporating a trademark or other distinctive signs previously protected in Italy, and whose holder has the right to prohibit the use of the sign in the registered design
Search and Filing:
Conducting a search prior to filing the design application is always advised to rule out conflict with prior registered marks. Our Attorney will assist you in search, filing and protection of the Design application in Taiwan.
Steps to Registration:
i. Finding out whether such a design has been registered previously.
ii. Preparing a representation of the design
iii. Identifying the class of design.
iv. Providing a statement of novelty.
v. Including a disclaimer that the design has not been in the public domain at any point in time.
vi. Claiming a priority date if the design Is registered in other countries.
vii. Determining the fee to be paid.
viii. Ensuring all enclosures are attached.
ix. Complying with objections if any.
x. Providing full details pertaining to contacts and addresses.
Several designs may be combined in one multiple application as long as the products belong to the same class.
Designs are examined for formalities upon receipt. Substantive examination regarding novelty, individual characteristics follows formality examination.
Designs meeting all the requirements are recorded and registered. Certificate of registration is then issued to the applicant.
Design registrations have duration of 12 years following the filing date.
WHY PROTECT DESIGNS IN TAIWAN? Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public. Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers. To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.