NEW TAIWAN'S TRADEMARK GOVERNMENT FEES TOOK EFFECT ON 1 FEBRUARY 2011

03/01/2011

---

The amendment to the Regulations of Trademark Fees was promulgated on 27 December 2010 and took effect as of 1 February 2011. In order to improve the efficiency of trademark examination and reasonably reflect the cost of examination while keeping in mind the feasibility, the calculation of government fees is moderately adjusted.
The main points of the amendment are as follows:
l	To amend the method for calculating the government fee for a new trademark application or collective trademark application
	1.	Applications designated for goods
		The old government fess are calculated according to three levels by the number of the designated goods, while under the amendment, only the first level remains unchanged. In other words, NT$3,000 (Approx. US$111) will still be charged for 20 items or fewer of the designated goods per class; however, if the number of the designated goods per class is more than 20 items, NT$200 (Approx. US$7) will be charged for each additional item.
	2.	Applications designated for services
		Under the amendment, the government fee will remain NT$3,000 (Approx. US$111) per class. However, if the services designated for an application cover the services "retail of specific goods" in Class 35 and the said "specific goods" cover more than five different items, NT$500 (Approx. US$19) will be charged for each additional item.
l	To increase a provision about reduction in the government fee for a new trademark application
	For a trademark application filed by electronic means, NT$300 (Approx. US$11) will be reduced from the filing fee per case. If all the designated goods or services for a new trademark application are identical to the names of goods or services in the electronic filing system, NT$300 (Approx. US$11) per case will be reduced.
l	An application for refund of the renewal registration fee may be filed when the application for renewing a registered trademark is withdrawn before the notice of approval is given.
After the enforcement of the amendment, an application for registering a trademark covering more items of the designated goods will incur more government fess. Therefore, when applicants propose the designated goods, he/she should be more cautious. To be cost-effective and save money, an applicant should avoid to use unnecessary descriptions to describe the shape or appearance of goods.