1. Introduction
 
When you establish a company in Taiwan, one of your first tasks is to choose a name for your company. This choice has long-term effects. Some people mistakenly think that registering with the company registration authority (the “CRA”)[1] gives them exclusive rights to use their company names as a brand and protects them from all disputes, including trademark issues. This misunderstanding can create significant risks. In Taiwan, company name and trademark registrations are governed by separate systems. Ignoring this distinction can jeopardize your brand. Understanding the fundamentals of both systems is crucial for any founder aiming to choose a legally compliant name with strong branding potential. This essay is for founders planning to establish a domestic company in Taiwan. It does not cover naming rules for branches or representative offices of foreign companies.
 
2. Company Name Basics
 
Before you start thinking of names, you need to know the basic rules set by the Company Act (公司法) and the Regulations Governing Review of Applications for Reservation of Corporate Names and Business Scopes (公司名稱及業務預查審核準則) in Taiwan. Your company’s official name must be in Traditional Chinese and contain certain components. First, a company name must have a “specially given name” (特取名稱), such as “Ana Rho” (安納若). This is the distinctive element of your company’s identity. Second, a company name must end with a suffix specifying the “company type” (公司種類), such as “limited company” (有限公司). This suffix indicates the legal structure of your company. Third, you may optionally insert a “business category” (業務種類), such as “Technology” (科技), between the specially given name and the company type suffix to show your company’s primary field. Inserting a business category is optional, but it can help distinguish your company from another that uses the same specially given name but operates in a different industry. Together, these components form a complete company name, such as “Ana Rho Technology Limited Company” (安納若科技有限公司).
 
You may also register an English company name for international trade purposes. However, your company must have a Traditional Chinese name for your company registration application with the CRA. In addition, remember that the law prohibits any company name that misleadingly suggests a connection to a government agency or a public welfare organization. Any company name that violates public order or morals is also forbidden.
 
3. The Company Name Reservation Process
 
Before you officially incorporate your company, you need to submit your proposed company name(s) to the CRA for pre-approval. In one application, you may submit up to five proposed names, ranked in order of preference. The CRA examines whether your proposed name is “identical” to any existing registered names. A proposed company name is not considered identical to any existing registered names if its specially given name is different from that of any other registered entity. There are some exceptions. First, companies may share the same specially given name if their business categories are different. For instance, “Baze Mu Electronics Limited Company” can coexist with “Baze Mu Food Limited Company” because they are in different industries. Second, adding genuinely distinguishing words can create a new, acceptable name. However, generic modifiers such as “new” (新) or “old” (老) are insufficient for distinction. For instance, if “Cati Phi Trading Limited Company” already exists, an application for “New Cati Phi Trading Limited Company” would probably fail.
 
Once the CRA approves your proposed company name, the CRA will reserve that name for you for six months. You must complete your company incorporation process within this window. If you need more time, you may apply for an extension before this period expires. If you fail to incorporate within this timeframe, the reservation will lapse, and that name will become available for others to claim.
 
4. Company Name and Trademark
 
It is essential for founders to understand the distinction between a company name and a trademark. A company name is a legal identifier that distinguishes one legal entity from another. A trademark, on the other hand, is a source identifier that distinguishes the goods or services of one provider from those of another. In Taiwan, registering a company name with the CRA and registering a trademark with the Intellectual Property Office (the “TIPO”) are two separate processes with different registration standards. As noted, the CRA performs a non-identical test for company names. On the other hand, the TIPO conducts a comprehensive substantive examination to analyze, among other criteria, a proposed mark’s distinctiveness and whether it is likely to cause confusion with existing trademarks. Obtaining your company name approval from the CRA does not grant you any trademark rights. If you plan to use your company name as a brand and prevent others from using identical or similar names for related goods or services, you should consider separately registering it as a trademark with the TIPO. Even if the CRA approves your company name, the TIPO can still reject your trademark application if a similar mark already exists for related goods or services.
 
Registering your company name with the CRA does not shield you from trademark disputes. Your registered company name can still infringe on someone’s trademarks. Meeting company registration requirements offers you no defense against trademark claims. If a court finds your company name infringes on a trademark, you could face severe consequences. For instance, a court could order you to stop using the infringing name, require the destruction of materials bearing it, and hold you liable for damages, litigation costs, or any resulting reputational harm. A trademark holder can force you to rebrand, even after you have spent years building your business with that name.
 
5. An Integrated Approach
 
To mitigate these risks, you should treat your company name as both a legal requirement and a core branding asset from day one. To build a company name that is both legally defensible and commercially powerful, you should integrate company registration rules with your intellectual property strategy.
 
5.1 Creating and Clearing a Defensible Name
 
The process of building a defensible name is both creative and tactical. It begins with brainstorming a name that is distinctive and functions as a strategic branding tool. You should aim to create a specially given name with inherent distinctiveness. Fanciful, arbitrary, or suggestive words are better than descriptive terms because they enhance distinctiveness. You may also design a stylized logo that combines your company name with unique fonts, colors, or graphics. This creates a composite mark that can offer broader intellectual property protection than the name alone. The name creation process must go hand in hand with a preemptive trademark search. Before you submit your proposed name to the CRA, you should conduct a thorough trademark clearance search in the TIPO’s database to check for marks that are identical or similar to your proposed name across all relevant classes. This integrated approach of simultaneously creating and clearing a defensible company name reduces future legal risks and boosts your chances of a successful trademark registration.
 
5.2 Securing Your Rights through Registration and Use
 
Once you have a defensible name, your next step is to secure both registrations and build a record of use. Apply for your company name with the CRA only after you have checked for trademark issues. Once the CRA approves your company name, you must file your trademark application with the TIPO as soon as possible. Any delay creates a window of opportunity for someone else to file for a similar mark, potentially blocking your registration and jeopardizing your entire brand strategy. When your company begins operations, you should consistently use your company name on all commercial materials, including products, packaging, marketing materials, and your website. Keep thorough records of this use. These records will be invaluable if you ever need to prove that your company name has acquired secondary meaning as a source identifier among consumers.
 
6. Conclusion
 
Choosing a company name is far more than an administrative formality. Your company name selection is a strategic business decision with long-term legal and commercial impact. A company registration from the CRA offers you no protection in a trademark dispute. Always do a trademark search before you register your company name. Failing to integrate your naming and trademark strategies from the outset exposes your business to forced rebranding, expensive litigation, and significant market disruption. By treating your company name as a valuable intellectual property asset from the very beginning, you establish a foundation for a legally defensible and commercially powerful brand.