July 25, 2024 Copyright ©️ 2024 by JinRui International Patent & Trademark Joint Office
Many brands need to register and use trademarks simultaneously in both markets across the Taiwan Strait.
However, Mainland China mainly uses Simplified Chinese, while Taiwan uses Traditional Chinese.
What should be noted when registering and using trademarks in these two regions?
For example:
- If a trademark registered in Traditional Chinese is presented in Simplified Chinese during use; or
- If a trademark registered in Simplified Chinese is presented in Traditional Chinese during use,
will such situations be considered consistent?
Is there a risk of rejection during the examination process?
I. Basic Differences Between Trademark Registration in Mainland China and Taiwan
- Mainland China
- In Mainland China, trademark registration primarily uses Simplified Chinese characters.
Although trademarks in Traditional Chinese can also be registered, Simplified Chinese is the official standard, so in most cases, businesses prefer to register in Simplified Chinese.
If the process proceeds smoothly without any intermediate procedures, it usually takes about six months to obtain the trademark certificate.
Trademark Application Process and Key Points in China
- Taiwan
- In Taiwan, Traditional Chinese is the official writing system, and trademarks are generally registered in Traditional Chinese.
Trademarks in Simplified Chinese can also be registered in Taiwan.
In Taiwan, there is no need to explain the character style or intent during the application. However, applicants can specifically indicate during application that the trademark name should be converted into Traditional Chinese with a note for the Simplified form in parentheses.
For example: 血染鐘樓 (Simplified).
If the process proceeds smoothly without any intermediate procedures, it usually takes about 4 to 6 months to obtain the trademark certificate.
Moreover, starting in May 2024, the Taiwan Intellectual Property Office (TIPO) has implemented an accelerated examination mechanism.
As long as the applicant meets the relevant requirements and pays the expedited examination fee, the trademark registration can be completed in as little as two months.
Taiwan Trademark Application Guidelines
II. After Applying for a Simplified or Traditional Chinese Trademark, Can It Be Used Interchangeably?
Regardless of whether it is Simplified or Traditional Chinese, a trademark application can be submitted, and the difference between character sets will not cause a rejection.
In terms of usage, although the trademark laws of both Mainland China and Taiwan do not specifically restrict the interchangeability of Simplified and Traditional Chinese, certain points must still be noted:
▲ According to Article 49 of the Trademark Law of China,
if the trademark registrant independently alters the registered trademark, registrant's name, address, or other registered particulars during the course of using the registered trademark, the local administrative authority for industry and commerce shall order a correction within a specified time limit; if no correction is made upon expiry, the Trademark Office may cancel the registered trademark.
Based on current practical experience, if a Traditional Chinese trademark is registered but displayed in Simplified Chinese, since the pronunciation and conceptual meaning remain identical and only the script form differs, it is generally considered proper use of the trademark.
However, if the difference is significant, it may lead to the Trademark Office ordering a correction or even canceling the trademark.
Additionally, when using a Simplified Chinese version of a registered Traditional Chinese trademark, one must not label the Simplified form with a "Registered Trademark" indication or the ® symbol.
▲ According to Article 63 of the Trademark Act of Taiwan,
the Intellectual Property Office may ex officio or upon application cancel the registration of a trademark.
- If the trademark is altered or additional notes are attached, making it different from the originally registered trademark, and causing it to be identical or similar to another registered trademark used for the same or similar goods or services, there is a risk of causing confusion or misunderstanding among relevant consumers.
From practical experience, the degree of difference between Simplified and Traditional characters can vary.
For example, "豐" and "丰", "臺" and "台", "葉" and "叶" — although these are merely script variations, the visual impressions they leave can be quite different.
Local consumers in Taiwan may not necessarily recognize or correctly identify them.
Therefore, using a Traditional Chinese trademark displayed in Simplified Chinese carries a high risk of being deemed not identical to the original registered trademark.
III. Conclusion and Recommendations
The interchangeability between Simplified and Traditional Chinese usage is becoming more and more common.
However, there are still notable differences between the two, and when combined with cultural differences across the Taiwan Strait, trademark protection issues arise.
Goldkeen Trademark Office offers the following recommendations:
1. Dual Registration
It is recommended that businesses or individuals register both Simplified and Traditional Chinese versions of their trademarks in Mainland China and Taiwan.
This ensures better legal protection for the brand across both regions and prevents potential disputes caused by differences in character forms being exploited by malicious actors.
2. Early Planning
Before entering the Mainland China or Taiwan market, businesses should engage a professional trademark office to conduct trademark searches and evaluate the likelihood of successful registration.
This ensures that the Simplified or Traditional Chinese trademarks do not conflict with existing trademarks, thus reducing the risk of rejection due to trademark similarity.
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