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8.4.5 What steps need to be taken if one intends to terminate a license relationship after the trademark license has been recorded with TIPO?

Before the expiry of the period of a license, a concerned or an interested party may, by submitting relevant evidence, request the Registrar Office to remove the license from the Register under any of the following: (§41, Trademark Act)
(1) both the proprietor of the registered trademark and the licensee agree to terminate the license; such request shall also apply to the sub-license;
(2) where the licensing contract expressly prescribes that either the proprietor or the licensee may terminate the license at any time, the concerned party declares the termination;
(3) due to the licensee’s breach of the licensing contract, the proprietor gives such licensee a notice of rescinding or terminating the licensing contract, and the licensee shows no objection thereto; or
(4) there is other relevant evidence capable of establishing that the license no longer exists.
Application: 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$1,000 per application.
Letter of consent on license termination and other documents (in the case of foreign companies, a Chinese translation shall also be submitted).
In the absence of the license agreement upon filing of the license recordation, certifying documents such as the license agreement shall be submitted.
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 : 695

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