The assignment of trademark rights takes effect upon the conclusion of the assignment agreement stating the parties' unanimity, provided that the assignment of trademark rights shall have no locus standi against any third party if the assignment is not recorded with TIPO. Therefore, after being assigned a trademark, the assignee shall immediately apply with TIPO for recordation of the assignment. The prevailing Trademark Act has no associated trademark registration system. Thus, before being assigned trademark rights, a party shall particularly note if any identical or similar trademark is concurrently assigned and if the trademark to be assigned is prohibited from disposal or is involved with disputes, so as to protect his/her rights and interests. For an application for recordation of assignment, please refer to the application requirements on the Internet at https://twtmsearch.tipo.gov.tw/OS0/OS0101.jsp?l6=en_US&isReadBulletinzh_TW=true guidelines on applications for assignment recordation. The application should be submitted with the following documents: (§42, Trademark Act; §39, Enforcement Rules of the Trademark Act) Application: the applicant may download the application form from the website at https://topic.tipo.gov.tw/trademarks-tw/np-533-201.html application of assignment recordation.doc, or purchase the application form in person at the Counter located on the 4th floor of TIPO at NT$2 per page (tel: (02)23767164, 23767165), or by postal remittance to A/C No. 0012817-7, pay to the order of "the Intellectual Property Office of the Ministry of Economic Affairs". Government fee: NT$2,000 per application. A photocopy of the assignment agreement or other documents proving the assignment or certificates showing that a court has confirmed the auction of the trademark. If a trademark agent is appointed, a power of attorney is required (if the power of attorney is in a foreign language, a translation thereof shall also be submitted).

• Publish Date : 2008-04-24
• Update : 2022-07-26
• Organization : International Legal Affairs Office
• Visitors : 1480