A geographical indication can be protected in Taiwan under the Trademark Act if it meets requirements of the statute. When filing an application, the applicant has to choose one of the appropriate types from trademark, certification mark and/or collective trademark depending on how the mark is or will be used. Following are basic information or requirement for each type of the trademark protection.

Trademark

A trademark is to be used to distinguish the owner’s goods or services from others. Thus, the proprietor(s) has the exclusive right to use its trademark after registration.

If a trademark application has a geographical indication, it shall not be rejected by the authority when said mark is distinctive, not similar to any prior applications or registration, and/or will not cause confusion of the origin.

Based on “Examination Guideline on Distinctiveness of Trademarks”, when a descriptive geographic designation will give the impression that it describes the connection between the goods or services and that geographical region, it is not a sign identifying the source of origin and is not registrable. 

As an arbitrary geographical designation has no connection with the designated goods or services and consumers will not consider it as an indication of the origin of goods or services, such a designation is sufficiently distinctive to be registered. For example, “玉山” (Jade Mountain, the highest mountain in Taiwan and in north east Asia) is separately registered for wine products and bank services by different entities.

Certification Marks

A Certification Mark is intended to certify the characteristics, quality, precision, place of origin or other matters of another person’s goods or services. A geographical indication can be registered as a Certification Mark to certify that goods or services originate in a specific geographical region and that said region has a particular quality, reputation or other characteristic. Several certification marks with domestic geographical regions have been registered in Taiwan to certify agricultural products, such as rice, tea, etc. Following are some examples of GI Certification Marks registered by domestic trademark owners:

Chihshang Rice from a township in south east Taiwan	Rice from a township in central Taiwan
Alishan High Mountain Tea	Sun Moon Lake Black Tea

A collective trademark filed by any business association, social organization or any other group that exists as a juristic person is provided to its members for use in connection with designated goods or services. If a collective trademark contains a geographical indication, said trademark not only denotes the place where the goods or services are manufactured or provided, but also signifies that the goods or services identified have certain quality, reputation or other characteristics attributable to the natural or human factors of that geographical region. 

The difference between a trademark and a collective trademark lies in that a trademark is used by the trademark owner if no licensee is made, while a collective trademark is jointly used by the members of a group on the goods or services of the respective members. The collective trademark owner has to control the use of its members so as to achieve the best interests of all members.

Comparing a collective trademark with a certification mark, the major difference is only the certification mark having the function to certify the quality, reputation or other characteristics. 

We will be pleased to provide more information or assistance if you have any query in respect of trademark practice in Taiwan.