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Trademarks
Trademark Application Analysis for Foreign Applicants in the Past 10 Years (2021.08.03)

CARY HUANG

In recent years, the Taiwan Intellectual Property Office (TIPO) has published statistics in relation to the applications of trademarks in Taiwan. Analyzing such statistics may be beneficial for understanding the trend and potential of the development of industries. Moreover, businesses may make reference to such statistics when deciding the market and brand strategy. According to the most recent statistics published by the TIPO, the industry sectors for 10 major countries of foreign applicants of trademarks are shown as in the table below: 

Please note that the so-called “industry sectors” is categorized based on the goods/service of trademark applications applied under the Nice Classification. For instance, the industry sector “Chemicals” corresponds to Classes 01, 02 and 04. Based on the content of the statistics, we can summarize the following:

1. In the recent 10 years, the industry sector “Research & Technology” reached first place among the applications of foreign applicants. Such sector corresponds to Classes 09, 38, 42 and 45, i.e. computer hardware and software, scientific instruments, electronic devices, telecommunication, research and development services, legal services, security services, etc. Since Taiwan has a huge amount of companies/consumers which provide/purchase electronics, communications and other hi-tech products, it is no surprise that foreign applicants of “Research & Technology” sectors try to obtain protections of their brands in Taiwan.

2. The second place goes to the “Health” industry sector. Such sector corresponds to Classes 03, 05, 10 and 44, i.e. cosmetics and toiletry preparations, pharmaceuticals, medical and veterinary preparations, surgical, medical, dental and veterinary apparatus and instruments, medical services, veterinary services, hygienic and beauty care for human beings or animals, etc. By providing high quality medical and healthcare services at a much lower price than in the US or EU, Taiwan has even become one of the popular medical/ beauty-treatment tourism destinations in the world. This may explain why applicants of “Health” sectors apply for registration of their marks in Taiwan to promote their brand or even seek relevant cooperation opportunities with local entities.

3. The industry sector “Agriculture” is in the third place among the applications of foreign applicants. Such sector corresponds to Classes 29, 30, 31, 32, 33 and 43, i.e. meat, fish, coffee, tea, pastries and confectionery, raw and unprocessed agricultural, aqua cultural, horticultural and forestry products, beers, non-alcoholic beverages, alcoholic beverages (except beers), services for providing food and drink, temporary accommodation, etc. This result shows the high consumption requirement of consumers, who have high income levels, consuming power, and the desire to pursue the quality of life via relevant products, which draws relevant product or service providers to enter the market.

4. Apart from the aforesaid industry sectors, the “Clothing & Accessories” sector, which obviously concerns our daily lifestyles, is in the fourth place among the applications of foreign applicants. Such sector corresponds to Classes 14, 18, 22, 23, 24, 25, 26, 27 and 34, i.e. jewelry, leather, bags, fibrous textile materials, yarns, textiles and substitutes for textiles, clothing, footwear, headgear, trimmings for clothing, carpets, etc. According to the statistics, the coverage of this sector has been gradually decreasing in the recent ten years, from 15.9%% to 11.8%. The reason for the decrease is worthy of further attention.

Living in this age of information, digitalization and globalization, the creation and application of knowledge has become the main power to promote the growth of a company or even a country. We estimate that the industry sector “Research & Technology” will still occupy a major place in the market in the next decade. In these days, people worldwide are encountering the impact from the COVID-19 pandemic, which is an unprecedented challenge for the human race. We can see that the companies in relation to Biotechnology and the Pharmaceutical Industry in Taiwan have been continuously providing assistance to local people as well as the international community, which shows the strength of abilities of these companies in relevant industries. Businesses providing dietary supplement food, healthy food, nutrient food, etc. are also actively promoting their products during these days. Hence, we estimate that not only will the industry sector “Research & Technology” continue to excel but also the coverage of trademark applications in “Health” and “Agriculture” industry sectors will increase to a certain level in the near future and suggest trademark owners be well prepared for the global arrangement of trademark protection in these sectors.

Since Taiwan protects a first-to-file application, and it generally takes about ten months to one year from filing a trademark application to registration for a smooth case in Taiwan, we recommend any new trademark applications be filed as soon as possible. We at Tai E will of course be pleased to provide any possible assistance.

Reference:https://www.tipo.gov.tw/tw/cp-87-878248-9f1f7-1.html (Last visit: July 15, 2020) 

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