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THE CALCULATION OF TAIWAN'S TRADEMARK GOVERNMENT FEES IS ABOUT TO CHANGE


Jane H. C. Chen

The Intellectual Property Office announced the amendment to be made to the Regulations of Trademark Fees. In order to improve the efficiency of trademark examination and reasonably reflect the cost of examination while keeping in mind the feasibility, the amendment will moderately adjust the government fees.
 
The main points of the amendment are as follows:
 
l Change in the method for calculating the government fee for a new trademark application
 
  1. New trademark applications designated for goods
 
    The current filing fee is based on three levels by the number of the designated goods, while under the amendment, only the first level remains unchanged. In other words, after the amendment, NT$3,000 (Approx. US$93) 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, NT$200 (Approx. US$6) will be charged for each additional item.
 
  2. New trademark applications designated for services
 
    Under the current practice, it is difficult to charge the filing fee based on the number of the designated services. Therefore, the filing fee will remain NT$3,000 (Approx. US$93) per class. However, if the services designated for an application cover the services "retail of specific goods" in class 35 and the "specific goods" include more than five different items, NT$500 (Approx. US$15) will be charged for each additional item.
 
 
l Reduction in the governing fee for a new trademark application
 
  For a trademark application filed by electronic means, NT$300 (Approx. US$9) 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 reference names of goods or services in the electronic filing system, NT$300 (Approx. US$9) per case will be reduced.
 
l Renewal registration fee may be refunded when the application for renewing a registered trademark is withdrawn before the notice of approval is given.
 
The amendment is scheduled to take effect on 1 February 2011. After its enforcement, an application for registering a trademark covering more items of the designated goods will incur more government fees. Therefore, applicants should be more cautious when they propose the designated goods.
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