March 05, 2026 ©️ Copyright – Goldkeen International Property Office
Under Taiwan’s trademark system, a registered trademark is not protected indefinitely.
According to Article 63, Paragraph 1, Subparagraph 2 of the Taiwan Trademark Act, if a registered trademark has not been used for three consecutive years without justifiable reasons, any person may file a petition for its revocation.
This is commonly referred to as the “three-year non-use cancellation rule.”
The purpose of this rule is to prevent trademark owners from holding registrations without actual use, which could hinder fair competition and proper allocation of trademark resources.
I. Legal Basis for Three-Year Non-Use
Under Article 63, Paragraph 1, Subparagraph 2 of the Taiwan Trademark Act, a trademark may be revoked if it has not been used or has ceased to be used for three consecutive years without justifiable reasons.
In practice, this means that once a trademark is registered, the three-year period begins to run. If the trademark owner cannot demonstrate actual use during that time, the registration may be subject to revocation upon application by any third party.
In other words, long-term non-use exposes the trademark to a real risk of cancellation.
II. What Constitutes “Trademark Use”?
Many businesses mistakenly believe that maintaining a company, renewing a trademark, displaying it on a website, or printing it on business cards qualifies as use.
However, under Article 5 of the Taiwan Trademark Act, trademark use must meet certain conditions. The use must be for marketing purposes, must occur in connection with actual goods or services, and must enable relevant consumers to recognize it as a trademark.
In practice, valid use typically includes placing the trademark on product packaging with actual sales, using it in advertising, including it in invoices or shipping documents, or maintaining real online sales records.
On the other hand, mere display without any genuine commercial activity may not be considered valid use.
III. How Is the Three-Year Period Calculated?
In practice, the three-year period is usually assessed retrospectively from the date a revocation petition is filed.
If no evidence of use can be provided during that period, the trademark may be revoked. If the trademark has only been used for some of the designated goods or services, the Intellectual Property Office may maintain the registration for those items while revoking the rest, resulting in partial revocation.
IV. What Are “Justifiable Reasons”?
Although the law allows revocation after three years of non-use, the trademark may still be maintained if there are legitimate reasons.
Examples may include force majeure events such as natural disasters, government restrictions or regulatory prohibitions, import or supply chain limitations, or a reasonable product development period.
However, general business difficulties or poor market performance are usually not considered sufficient justification.
V. Common Practical Risks
In practice, the three-year non-use rule is often used as a competitive strategy.
A party may investigate whether a competitor has failed to use its trademark, file a revocation petition, and then apply for the same or a similar mark once the registration is cancelled.
This approach is particularly common in industries such as food and beverage, e-commerce, and startups.
If a business does not actively maintain and use its brand, it may face the risk of losing its trademark rights.
VI. How Can Businesses Prevent Revocation?
To avoid losing trademark rights, businesses should establish internal management practices.
Regularly reviewing whether trademarks are actually in use is essential. Companies should also retain complete records of use, such as invoices, shipping documents, advertising materials, website sales screenshots, and contracts.
It is equally important to avoid purely formal or symbolic use, as valid use must reflect real marketing and commercial activity.
If business operations are temporarily suspended, companies should consider maintaining use through licensing or other arrangements to preserve their rights.
VII. FAQ
Q1: Will a trademark definitely be revoked after three years of non-use?
Not necessarily. Although the law allows revocation, the trademark owner may still defend the registration by providing evidence of use within the relevant three-year period or by demonstrating justifiable reasons for non-use.
Evidence such as product photos, invoices, shipping records, online sales data, advertising materials, and contracts may all be used to prove genuine use.
The key issue is whether actual use can be demonstrated.
Q2: Is it sufficient to use the trademark for only some goods or services?
Yes, but it may result in partial revocation. If the trademark is registered for multiple goods or services but only used for some of them, the Intellectual Property Office may maintain protection for those used items while revoking the rest.
Q3: Does overseas use count as trademark use?
It may, depending on the circumstances. Under Article 5 of the Taiwan Trademark Act, use must be for marketing purposes and must allow consumers to recognize the mark.
If products are manufactured in Taiwan and exported, or if sales are conducted through Taiwan-based operations, such use may still be recognized.
However, if there is no connection to Taiwan at all, the determination must be made on a case-by-case basis.
Q4: Does use by a licensee count?
Yes. Under trademark law principles, use by an authorized licensee is deemed to be use by the trademark owner, provided that the licensing relationship is valid and actual transactions exist.
Q5: Is displaying the trademark on a website sufficient?
Not necessarily. If there is no actual sale, service, or commercial activity, such use may be considered merely formal and not genuine use.
Q6: If a trademark has not been used for a long time, can it still be saved by resuming use?
This depends on whether use can be proven within the three-year period prior to the revocation petition. If no use occurred during that period, resuming use afterward may not prevent revocation.
Conclusion
The trademark system ultimately protects those who actively use their marks, rather than those who merely register them without use.
A trademark is not just a procedural registration—it is the result of continuous use and management in the marketplace.
