Your mainland China trademark does not cover Taiwan: what is different and what to file

Quick answer: A trademark registered with China's CNIPA does not create a registered right in Taiwan. Taiwan has its own office (TIPO), its own Trademark Act and its own register. To protect your brand in Taiwan, file a separate application through a qualified Taiwan agent, ideally within six months of your mainland filing so you can claim its date.

How different are the two systems?

Different enough that a filing strategy for one does not carry over to the other:

The language rule is about the application documents, not the mark. A mark can be filed in Simplified characters, Traditional characters, Latin letters or any other script.

According to TIPO data compiled by TIPLO, applicants from mainland China filed 5,802 trademark applications in Taiwan in 2025, more than any other country or region outside Taiwan. Brands that work across both markets already treat them as two filings.

Why the Chinese characters need a second look

Your Chinese brand name in Simplified characters will not always look the same in Traditional characters. Some characters change form: 乐 becomes 樂, and 发 becomes 發 or 髮 depending on the meaning.

Whether a Simplified and a Traditional form conflict with someone else's mark is decided case by case, on appearance, sound, meaning and the goods involved. So run clearance searches in both forms, and file in Taiwan the form you will actually use on the Taiwan market.

Can you reuse your mainland filing date?

Yes, within limits. Taiwan has accepted priority claims based on first filings in mainland China, and the reverse, since 22 November 2010. The usual priority rules apply:

• file in Taiwan within six months of the mainland filing;
• the Taiwan application must be for the same mark, and for the same goods or services or some of them;
• claim priority when you file, giving the date and number of the mainland application; and
• submit a certified copy within three months of the Taiwan filing date.

The "same mark" condition matters for Chinese names. If you change the characters from Simplified to Traditional, the Taiwan mark may no longer count as the same mark, and the priority claim can fail. A common solution is to file the mainland form with priority and, if you also need it, the Traditional form as a separate application.

After six months, your Taiwan filing date is simply the date you file.

Does your specification need rewriting?

Usually, yes. Both offices use the Nice Classification, but the accepted wording of goods and services differs. A specification written for CNIPA's subclass system often needs to be adjusted to terms TIPO accepts. In classes 1–34, TIPO's basic filing fee covers 20 goods per class, with NT$200 for each good beyond that; classes 35–45 have no item cap, except class 35 retail services for specific goods.

What about Hong Kong and Macau?

They are separate again. Hong Kong and Macau each have their own trademark registries, and neither a mainland nor a Taiwan registration extends to them. A Greater China plan normally means up to four filings.

A simple Greater China checklist

1. List the markets where you sell, manufacture or appoint distributors in the next two years.
2. File the home application first and diary the six-month priority deadline.
3. File in mainland China and Taiwan within that window, with the Chinese name in the right form for each.
4. Add Hong Kong and Macau if they are on the list.
5. Set up a watch service for the Chinese name.

Get a fixed-fee quote for Taiwan: US$700 for one class, official filing and registration fees included.

Frequently asked questions

Does a CNIPA registration protect my brand in Taiwan?
Not as a registration. You need a separate application with TIPO.

Can I claim priority in Taiwan from a mainland China application?
Yes, within six months, for the same mark and the same or fewer goods, claimed on filing.

Do I need a Taiwan agent if I already have a Chinese agency?
Yes, if you have no domicile or place of business in Taiwan; a mainland agency cannot file with TIPO itself.

Sources

• Trademark Act, Articles 6 (agents) and 20 (priority)
• Enforcement Rules of the Trademark Act, Article 3 (filing documents in Chinese)
• TIPLO: Taiwan-China priority claims effective 22 November 2010
• TIPLO: trademark applications and registrations in Taiwan by country, 2016–2025
• Trademark Fee Regulations (商標規費收費標準) (last amended 18 June 2025)