A touch panel and a fabricating method thereof are provided in the instant disclosure. The touch panel having a non-display area and a display area includes a shielding layer disposed on a side of a substrate and defining the non-display area on the substrate; a sensing electrode layer disposed on the substrate at the same side as the shielding layer, wherein at least one portion of the sensing electrode layer is disposed on a surface of the substrate in the display area; a first protecting layer disposed in the display area and covering the sensing electrode layer; and a second protecting layer disposed in the non-display area and covering the shielding layer. By modifying the structure of the protecting layer, the height difference between the sensing electrode layer and the shielding layer may not cause the color difference due to the non-uniform protecting layer.