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Foreign Company As Patent & Trademark Applicant 
  

Irene Liu/Chief, International Dept.

2011.07.15

Regarding foreign companies as applicants for patents and trademarks in Taiwan, the TIPO states the following points:

1.                Patent/Trademark applicants are entities of rights and obligations, so they must have independent personalities, i.e. legal entities or natural persons. It is apparent that foreign companies are eligible for filing patent/trademark applications; however, branch offices of foreign companies in Taiwan do not possess the independent personalities, so applications shall be filed with the name of its parent company.

2.                If applications are filed with the name of a non-Taiwan-based branch office of a foreign company, the TIPO will issue a notice requiring (1) the applicant is changed to the parent company, or (2) the non-Taiwan-based branch office submits official documents proving its independent personality or provides a statement declaring it has an independent personality in that country.

3.                If the above-mentioned statement is inconsistent with the relevant law in that country, the TIPO, within prescribed time, will ask the applicant to provide a supporting document to the effect that the branch office certainly possesses independent legal personality. Otherwise, the name of the applicant should be changed to that of the parent company. 
   

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