Introduction of Taiwan Geographical Mark System

1. In Taiwan, a certification mark or collective trademark/mark can be categorized into the following types:

2. According to the above guidelines and nature of a trademark, the applicant may file for protection by a Geographical Certification Mark or Geographical Collective Trademark in respect of geographical indication (GI) in Taiwan. Examples of geographical certification mark are “池上米” “Chihshang Rice” ( in which “池上” is a famous place in the Taitung area of Taiwan for production of rice), “NAPA VALLEY” wine, “SCOTCH WHISKY” spirits/liquor, “DARJEELING” tea, etc. Examples of geographical collective trademark are “麻豆文旦” Matou Pomelo, “宇治茶” Uji Matcha, “琉球泡盛” Okinawa Awamori, etc.

3. Requirements for filing a geographical mark are:
   1. The goods/services for which to be certified by Geographical Certification Mark or used by Geographical Collective Trademark should possess specific quality, reputation or other characteristics, and have a certain relationship with the geographical region with the following factors:
      • A) Natural factors – Attributable to type of soil, climate, wind, water quality, altitude and humidity of the region
      • B) Human factors – Attributable to the tradition or uniqueness of manufacturing process, production method, or manufacturing technique.
        
   2. Qualification of an applicant
      • A) For filing a Geographical Certification Mark, the applicant must be a juridical person, a group or a government agency which is competent to certify another person’s goods/services
        For filing a Geographical Collective Trademark, the applicant must be an association, society or any other group which is a juridical person
      • B) The applicant must have representativeness, and a foreign applicant must provide documents proving the protection is received under its name in the country of origin
      • C) The applicant is capable of controlling and supervising the use of mark
        
   3. Content of Regulations Governing Use of Mark must indicate:
      • A) For Geographical Certification Mark
        Contents to be certified; conditions of use; methods of control and supervising the use; procedures for applying the use; and method for resolving disputes thereof
      • B) For Geographical Collective Trademark
        Criteria for membership; conditions of use; methods of controlling and supervising the use; sanction against violation of regulations; and provision that any person located in the geographical region and if the goods/services thereof meet the Regulations Governing Use of Mark shall be allowed to become a member

4. Remarks on the use of a Geographical Certification Mark or Geographical Collective Trademark
   • 1) The proprietor of a Geographical Certification Mark or Geographical Collective Trademark has no right to prohibit another person from use of the signs indicating the geographical origin of his/her goods/services in accordance with honest practices in commerce.
     
   • 2) For Geographical Certification Mark – any person who meets the regulations can request consent from proprietor to use the mark; and the proprietor is not allowed to use the mark himself.
     
   • 3) For Geographical Collective Trademark – both the member who meets the regulations and the proprietor can use the Geographical Collective Trademark.

5. Documents required for filing the application:
   • 1) Geographical Certification Mark
     • A) Power of attorney
     • B) Proof of a juridical person, a group or a government agency
     • C) Evidence of applicant’s eligibility to certify another person’s use of the mark
     • D) Proof of applicant’s representativeness (A foreign applicant must submit document proving the protection is received under its name in the country of origin, such as a registration certificate)
     • E) Regulations governing use of mark (with Chinese translation) in paper form plus CD file
     • F) Declaration stating the applicant does not operate a business relating manufacture and/or marketing of goods/services for which certification mark is involved.
       
   • 2) Geographical collective mark
     • A) Power of attorney
     • B) Proof of a juridical person
     • C) Proof of applicant’s representativeness (A foreign applicant must submit document proving the protection is received under its name in the country of origin)
     • D) Regulations governing use of mark (with Chinese translation) in paper form plus CD file

6. Other important notes
   • 1) In principle, a certification mark (including Geographical Certification Mark) and collective mark (including Geographical collective mark) shall not be assigned, licensed or be a a subject of pledge (except if said assignment or license is not likely to damage the interests of consumers or contravene fair competition, and has been approved by TIPO)
   • 2) An infringement of certification mark and collective trademark shall be liable to criminal penalties, while there are no criminal penalties for infringement of collective (membership) mark.
   • 3) Farmers’ alliance or associations, which carry out business for certifying goods/services thereof, may file collective trademarks, but not certification marks in Taiwan.
   • 4) Geographical Certification Mark or Geographical Collective Trademark shall not be deemed devoid of distinctiveness and rejected due to containing the geographical origin name..
   • 5) The above Regulations Governing Use of Mark shall be published by TIPO, and the amendment thereof shall be approved and published as well.

7. Statistics for Taiwan registered geographical marks up to July 1, 2020

Introduction of Taiwan Geographical Mark System