Calculation method for trademark fees amended

The Taiwan Intellectual Property Office has amended its regulations on trademark fees. In order to improve the efficiency of trademark examinations and reasonably reflect the cost of examination, the amendment moderately adjusted the government fees.

The previous filing fee system was based on the number of the designated goods and was structured across three levels. Following the amendment, only the first level remains unchanged. Specifically, NT$3,000 (approximately $93) will continue to 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 (approximately $6) will be charged for each additional item.

Under the previous system, it was difficult to charge the filing fee based on the number of the designated services. Therefore, the filing fee will remain NT$3,000 (approximately $93) per class. However, if the services designated for an application cover the services "retail of specific goods" in Class 35 of the Nice Classification, and the "specific goods" include more than five different items, NT$500 (approximately $15) will be charged for each additional item.

For trademark applications filed by electronic means, NT$300 (approximately $9) will be deducted 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 per case will be deducted.

The fee payable upon the renewal of a registered trademark may be refunded if the application is withdrawn before the notice of approval is given.

The amendment took effect on February 1 2011. Following its enforcement, applications for registering trademarks which cover more items of the designated goods will be subject to higher government fees. Therefore, applicants would be well advised to be more cautious when stating the designated goods.

Jane Hui-Ching Chen, Lee and Li Attorneys at Law, Taipei 

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