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Taiwan : Voluntary amendments of trademark applications/registrations

Voluntary amendments of trademark applications/registrations
In Taiwan, applicants must provide very accurate and precise details when filing a trademark application, including the colour of the trademark, the product items, the applicant and the representation etc. The main reason behind is that the colour of the trademark and the product items are not open to amendment after filing the application. This is to maintain the fairness of the market. If everyone is allowed to amendment the content of the trademark after filing the application, the purpose of trademark application is defeated. Besides, it avoids the extra review work of the committee members, which prolongs the process of trademark application.

However, corrections and amendments are allowed in special circumstances, for examples:
1. Supplementary explanation by the applicant: if the trademark includes a non-commonly-used language, the applicant is allowed to explain to the members the language or meaning of the trademark, in order to prevent prolonged trademark examination.
2. Upon request of the committee members: it is the most prevalent situation. When the members, during the examination, think that the trademark name of the applicant and the trademark is inconsistent, they may issue a letter requesting amendment; or when the name of the products does not comply with the official instructions, the members may issue a letter requesting the provision of relevant evidence, in order to determine whether the name of the trademark can be registered.
To sum up, in principle, no amendments are allowed after the filing of a Taiwanese trademark application. However, if the applicant thinks he needs to provide supplementary explanation, he is allowed to provide the same. However, unless the committee members request otherwise, the applicant is not allowed to amend the representation of the trademark or the name of the product. Therefore, the prior preparation of trademark application is of utmost importance. It is recommended that the applicant should make a well-rounded plan before filing an application, or consult an experienced, professional trademark agency, in order to prevent a refusal or amendment notice of the committee members, and thus a delay in obtaining the registration certificate.

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Benny Kong & Tsai, Solicitors

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