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8.4.1 How to file an application for recordation of a trademark license?

A registered trademark may be licensed by the proprietor, exclusively or non-exclusively, for all or some of the designated goods or services for which it is registered and for a particular locality.
A license referred to in the preceding paragraph shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office.
Either a trademark right holder or a licensee may apply for the recordation of a trademark license. If the license recordation is filed by a licensee, the license agreement or the excerpted license agreement signed or sealed by both parties, or other certificates sufficiently proving the license shall be submitted. (§39, the Trademark Act; §38, Enforcement Rules of the Trademark Act)
Application:specifying the licensee, the registration number of the trademark to be licensed, the term of license, and the class(es) and names of goods or services to be licensed (the applicant may download the application form from the website at https://topic.tipo.gov.tw/trademarks-tw/np-533-201.html, 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".

The application shall also include the following:
Government fee: NT$2,000 per application.
The license agreement, or the excerpted license agreement or other certificates (in the case of foreign companies, a Chinese translation shall also be submitted; in the case that the applicant is the trademark right holder, certificate of license may be exempted.)
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 : 941

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