Taiwan Intellectual Property Office (TIPO) launched a trial fast-track examination program for trademark applications filed on or after May 1, 2020. The program is aimed to encourage applicants to use e-filing for trademark registration applications that have designated goods/services names consistent to reference names listed in the TIPO e-filing system.
Up till February 2021, TIPO found that more than 49,000 new trademark applications were filed under the fast-track examination. The average number of fast-track applications accounted for about 60% of total new applications filed each month, and the average time for TIPO to notify a first examination opinion (or office action) on fast-track application is about 1.4〜1.6 months faster than the normal examination period. Per TIPO trademark statistics in 2020, there were 94,089 total new applications with the average time of 4.7 months for issuing first examination opinion and 6.5 months for rendering decision. As the fast-track trial program achieved good overall performance, TIPO has decided to formally implement the program from May 1, 2021.
A comparison between the fast-track examination and normal examination of a trademark application is summarized in the following table.
| Fast-track Examination | Normal Examination | |
|---|---|---|
| Filing route | Electronic filing | Electronic filing or paper filing |
| Type of trademark | Two-dimensional trademark | Two-dimensional trademark, non-traditional trademark (three- dimensional mark, sound, color, etc.), certification trademark, collective trademark, collective mark |
| Power of Attorney, simply signed (a foreign applicant must appoint an agent to file and prosecute the trademark application) | The Power of Attorney should be submitted within 20 days after filing the trademark application (regardless for domestic or foreign applicant) | The Power of Attorney should be submitted within one month (for domestic applicant) or two months (for foreign applicant) |
| Goods/services | The names of all designated goods/services must be the same as the reference names listed in TIPO’s e-filing system, otherwise the application will not be examined under the fast-track system | If the names of all designated goods/services are different than the reference names listed in TIPO’s e-filing system, or if the names are too broad/vague, the applicant will receive an office action requesting for deletion or amendment, or an explanation thereto |
The official fees for filing a “fast-track” trademark application are the same as that of an electronic filing application. For a new trademark application, the standard official fee of NT$3000 (for 20 items of goods in one class) could be reduced by NT$300 if the application is filed via TIPO’s e-filing system. A reduction fee of NT$300 for one class can be further applied if the names of all designated goods/services are same as the reference names in TIPO’s e-filing system.
Accordingly, the applicant can take advantages of fast-track application to speed-up the processing time, while saving the cost of official fees via e-filing and its reference names for goods/services. However, for a trademark application claiming a foreign priority with different goods name from the reference names by TIPO’s e-filing system, the above fast-track application system may not be applicable. Hence TIPO suggests the applicant who would like to file a trademark application claiming a foreign priority in Taiwan should follow a regular filing system rather than making use of fast-track system, in order not to affect the benefit of foreign priority.
