Trademarks Comparative Guide

1 Legal framework

1.1 What is the statutory or other source of trademark rights?

The Trademark Act.

1.2 How do trademark rights arise (ie, through use or registration)?

Through registration.

1.3 What is the statutory or other source of the trademark registration scheme?

The Trademark Act, the Enforcement Rules of the Trademark Act and various examination guidelines published by the Taiwan IP Office.

2 What constitutes a trademark?

2.1 What types of designations or other identifiers may serve as trademarks under the law?

Any sign that is distinctive, which may in particular consist of words, devices, symbols, colours, three-dimensional shapes, motions, holograms, sounds or any combination thereof.