Newsletter
Unrecorded or Unqualified Trademark Agents subject to administrative punishments
According to the amended Article 6 of the Trademark Act of Taiwan, which came into effect on 1 May 1 2024, only specialized professionals (including lawyers or accountants) and trademark agents with a legal residence in Taiwan are allowed to handle trademark registration applications and other related procedures as agents. The qualifications for trademark agents are clearly defined in the Trademark Act.
According to the Trademark Act and the current practice of the Intellectual Property Office, anyone handling trademark business as agents must first file the application for recordation with the IPO. The recordation of lawyers or accountants handling trademark business is only for reference purposes.
As for trademark agents, it is important to note that the terms of trademark agents are professionals specifically regulated by the Trademark Act. Anyone who falsely claims to be a trademark agent or solicits business under the name of a trademark agent without proper recordation will be fined between NT$30,000 and NT$150,000 by the IPO, and will be ordered to cease the behavior within a specified period. Failure to comply will result in further penalties until the behavior is stopped.