The Trademark Right Protection in Taiwan Customs

【Chinese version】

Protection policy for registered trademarks in Taiwan Customs: (1) filing an advice application with the Taiwan Customs by trademark proprietors; (2) when performing customs duties, if customs officers notice possible infringing goods that import/export to Taiwan, and shall notify the trademark proprietors and the importer/exporter at the same time; (3) trademark proprietors report specific import/export goods that infringe their trademark rights.

  1. A proprietor obtains trademark right immediately after registration of a trademark. According to “Regulations governing Customs Measures in Protecting the Rights and Interests of Trademark” in Taiwan, Article 2 “In the event that the proprietor of a registered trademark lodges a complaint that specific imported or exported goods have infringed on his or her trademark, he/she should file an application of protection to customs office at the port of import or export in writing attached with the following information.

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美國海關及邊境保衛局2016年在芝加哥倉庫查獲一批仿冒電動懸浮滑板hoverboard獨輪車,數量超過16000個。圖片來源:U.S. Customs and Border Protection (flickr) https://flic.kr/p/CAF2UK

  It’s necessary to submit documents as follows:

  1. Provision of description to the characteristics of identifying the infringing  goods and genuine goods;
  2. A trademark proprietor should also provide image in electronic file which contains the characteristics of identifying the infringing goods and genuine goods, such as photo or catalogue of the genuine goods and counterfeit goods or the comparison photo or catalogue of genuine and counterfeit goods. The content of the image shall be identical with the designated goods of registered trademark;
  3. Registered trademark certificate;
  4. Contact information of the trademark

The trademark shall be protected once receive the acceptance from the Customs, and if custom officers find similar/identical registered mark and designated goods from future import/export goods, the Customs will proceed a primary identification to the infringing goods based on the aforementioned description of identifying the infringing goods and genuine goods that submitted to the Customs. However, if the customs officers can’t identify whether the imported/exported goods are suspected of infringing on trademark rights, they will notify the proprietors or its representative to go to customs office for identification.

  1. Trademark proprietor also can report a particular imported/exported goods infringement. To get the protection, it needs to submit the documents as follows:
  2. The fact of infringement and the sufficient description to identify the infringing goods. The proprietor of a registered trademark or its representative should also provide related data in electronic file, such as sample, picture, catalogue or photo of the genuine goods and counterfeit goods.
  3. Related specific data, such as names of the exporter/importer, name of the goods, import/export ports, date, number of flight or ship, number of container, storage venue of the goods.
  4. Registered trademark certificate.

For any inquiries and/or concerns, please do not hesitate to contact us.

Law, Trademark,and Overseas Department
Top Team International Patent and Trademark Office

Reference Link

 

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