Is Taiwan in the Madrid Protocol? No. Here is how to protect your trademark in Taiwan

Quick answer: Taiwan is not a member of the Madrid Protocol. You cannot add Taiwan to an international registration, and a mainland China registration does not cover it either. To protect a mark in Taiwan, you file a national application with the Taiwan Intellectual Property Office (TIPO). If you have no domicile or place of business in Taiwan, the filing must go through a qualified local agent.

Why can't Taiwan be designated through Madrid?

Taiwan is not a party to the Madrid Protocol, so WIPO's international registration system does not extend to it. When you file a Madrid application, Taiwan is not on the list of territories you can choose.

This catches many brands out. A typical Asia filing plan through Madrid covers Japan, Korea and mainland China in one go, and the gap often shows up only when a distributor in Taipei asks for proof of registration, or when a local company files the same name first.

Taiwan uses a first-to-file system: the earlier application generally takes precedence, even if someone else used the brand first abroad. There are exceptions, for example for well-known marks and for filings by someone who knew of your mark through a contract or business relationship and meant to imitate it (Trademark Act, Article 30(1)(11) and (12)), but relying on them means a dispute. Filing early is far cheaper.

Does a mainland China registration cover Taiwan?

No. Mainland China and Taiwan run separate trademark systems:

A mark can be filed in any script in either office. But a Chinese brand name designed in Simplified characters for the mainland may look different to Taiwanese consumers, who read Traditional characters, so plan the Chinese version of your name for each market. See our guide on mainland China and Taiwan filings.

Who can file a trademark in Taiwan for a foreign company?

Under Article 6 of the Trademark Act, an applicant with no domicile or place of business in Taiwan must appoint an agent. Since 1 May 2024, that agent must be domiciled in Taiwan and be either:

• a professional who may act as a trademark agent by law, such as a Taiwan attorney, or
• a trademark agent who has passed TIPO's certification exam (or has worked as a TIPO trademark examiner for the required period), is registered with TIPO and completes annual training.

A foreign law firm or filing platform therefore needs a Taiwan agent to file for you; its own qualifications abroad are not enough.

What does a Taiwan national filing involve?

Five steps, most of which happen by email:

1. Clearance search. Check TIPO's register for identical and similar marks, including Chinese-character and transliteration conflicts.
2. Specification. Map your goods and services to terms TIPO accepts. In classes 1–34, the basic filing fee covers up to 20 goods per class; classes 35–45 have no item cap, except class 35 retail services for specific goods.
3. Filing. Your agent files electronically. You need a signed power of attorney; a scanned copy is normally accepted and no notarisation or legalisation is required.
4. Examination. In 2025, TIPO's average was 5.6 months from filing to the first office action and 7.1 months to a decision. Individual cases vary.
5. Registration. After approval, the registration fee is due within two months of receiving the decision. The registration is then published and lasts ten years, renewable.

If you need the right quickly, for example because the mark is in use or about to launch, you can request accelerated examination, explaining why, for an extra NT$6,000 per class in official fees. TIPO decides whether to accept the request within about 10 to 15 working days and, once accepted, issues the first notice within two months. The request is not available once TIPO has already issued a correction notice or an office action.

Can I claim an earlier priority date in Taiwan?

Often, yes. Under Article 20 of the Trademark Act you can claim priority from your first application if:

• it was filed in a WTO member or in a country that recognises priority with Taiwan;
• you file in Taiwan within six months of that first application;
• the Taiwan application is for the same mark and the same goods or services, or some of them;
• you claim priority in the Taiwan application itself, giving the date, office and number of the first application; and
• you submit a certified copy of the first application within three months of the Taiwan filing.

A Madrid filing does not change this: what counts is your first application, which may be the basic application behind the international registration. After six months, your Taiwan date is simply the day you file.

How much does it cost?

TIPO's official fees are NT$3,000 per class to file and NT$2,500 per class to register, before electronic-filing discounts. Our basic filing and registration package for one class is US$700, official fees included: US$450 when you instruct us and US$250 only after approval. Each extra class adds US$350 and US$250. Searches, office action responses and priority claims are quoted separately. Our cost guide breaks this down.

What should you do now?

Check whether Taiwan is on your launch, distribution or manufacturing plan for the next two years. If it is, file now, ideally within six months of your home filing so you can claim its date.

A hypothetical example: suppose a US-incorporated jewelry brand with no presence in Taiwan files here first. If it then files in the United States within six months, for the same mark and the same goods or some of them, it can claim the Taiwan filing date as priority there. Priority works in both directions, but it only fixes the filing date: each office still examines the mark under its own rules.

Get a fixed-fee quote for a Taiwan filing. Hans Wu reviews every request and replies within one business day.

Frequently asked questions

Can I designate Taiwan in a Madrid international registration?
No. Taiwan is not a member of the Madrid Protocol, so protection requires a national application with TIPO.

Does a mainland China registration protect my mark in Taiwan?
No. CNIPA and TIPO are separate systems; a registration in one does not create a registered right in the other.

Do I need a local agent to file in Taiwan?
Yes, if you have no domicile or place of business in Taiwan. The agent must be domiciled in Taiwan and be a TIPO-registered trademark agent or a professional, such as a Taiwan attorney, who may act as one.

Can I claim priority from my home application?
Yes: file within six months for the same mark and goods, claim priority when filing, and submit a certified copy within three months.

Sources

• Trademark Act, Articles 6, 19, 20, 30 and 32 (last amended 24 May 2023)
• Trademark Fee Regulations (商標規費收費標準), Articles 2 and 3 (last amended 18 June 2025)
• TIPO, Annual Report 2025 released: average first-action pendency 5.6 months, disposal 7.1 months
• TIPO FAQ 11.1.5: accelerated and fast-track examination
• IAM: Amendments to Trademark Act impose stricter restrictions on trademark agents and introduce accelerated examination system