TMEP / Members of International Trademark Agreements

Appendix B - Members of International Trademark Agreements

Appendix BMembers of International Trademark Agreements

The following is a list of members of international trademark agreements to which the United States is also a party.

If there is a discrepancy between the expiration of a foreign registration as listed here and the date listed on the foreign registration, the date listed on the foreign registration will be controlling.

Paris Convention for the Protection of Industrial Property

Under the Paris Convention, foreign applicants may seek U.S. registration, based on either (a) a valid registration, or (b) an application to register in any of the member countries listed below, with a right of priority if the United States application is filed within 6 months of the date of the first filing of the foreign application.  For updates to the list below, see the World Intellectual Property Organization’s home page athttp://www.wipo.int/treaties/en/ip/paris/index.html.

Country

Term of Registration (in years)

Renewal Period (in years)

ALBANIA

10 (from date of application)

10

ALGERIA

10 (from date of application)

10

ANDORRA

10 (from date of registration)

10

ANGOLA

10 (from date of application)

10

ANTIGUA and BARBUDA

10 (from date of application)

10

ARGENTINA

10 (from date of registration)

10

ARMENIA (Russian Federation)

10 (from date of application)

10

ARUBA

10 (from date of application)

10

AUSTRALIA

10 (from date of application)

10

AUSTRIA

10 (from end of month in which mark is registered)

10

AZERBAIJAN (Russian Federation)

10 (from date of application)

10

BAHAMAS

14 (from date of application)

14

BAHRAIN

10 (from date of application)

10

BANGLADESH

 7 (from date of application)

15

BARBADOS

10 (from date of application)

10

BELARUS (Russian Federation)

10 (from date of application)

10

BELGIUM (Benelux Nations)

10 (from date of application)

10

BELIZE

10 (from date of application)

10

BENIN (African Union Nations) (OAPI)

10 (from date of application)

10

BHUTAN

10 (from date of application)

10

BOLIVIA

10 (from date of registration)

10

BOSNIA and HERZEGOVINA

10 (from date of application)

10

BOTSWANA

10 (from date of application)

10

BRAZIL

10 (from date of registration)

10

BULGARIA

10 (from date of application)

10

BURKINA FASO (OAPI)

10 (from date of application)

10

BURUNDI

Unlimited (from date of application)

CAMBODIA

10 (from date of application)

10

CAMEROON (OAPI)

10 (from date of application)

10

CANADA

15 (from date of registration)

15

CENTRAL AFRICAN REPUBLIC (OAPI)

10 (from date of application)

10

CHAD (OAPI)

10 (from date of application)

10

CHILE

10 (from date of registration)

10

CHINA (PEOPLE’S REPUBLIC)

10 (from date of registration)

10

COLOMBIA

10 (from date of registration)

10

COMOROS

CONGO, DEMOCRATIC REPUBLIC OF

10 (from date of application)

10

CONGO (OAPI)

10 (from date of application)

10

COSTA RICA

10 (from date of registration)

10

CÔTE D’IVOIRE (OAPI)

10 (from date of application)

10

CROATIA

10 (from date of application)

10

CUBA

10 (from date of application)

10

CURAÇAO

10 (from date of application)

10

CYPRUS

 7 (from date of application)

14

CZECH REPUBLIC

10 (from date of application)

10

DENMARK

10 (from date of registration)

10

DJIBOUTI

10 (from date of registration)

10

DOMINICA

14 (from date of application)

14

DOMINICAN REPUBLIC

10 (from date of registration)

10

ECUADOR

10 (from date of registration)

10

EGYPT

10 (from date of application)

10

EL SALVADOR

10 (from date of registration)

10

EQUATORIAL GUINEA (OAPI)

10 (from date of application)

10

ESTONIA

10 (from date of application)

10

FINLAND

10 (from date of registration)

10

FRANCE

10 (from date of application)

10

GABON (OAPI)

10 (from date of application)

10

GAMBIA

14 (from date of application)

14

GEORGIA

10 (from date of registration)

10

GERMANY

10 (starts on application date, ends after 10 years, on last day of the month of the application date)

10

GHANA

10 (from date of application)

10

GREECE

10 (from day following application date)

10

GRENADA

Term dependent on United Kingdom registration

Renewal dependent on United Kingdom registration

GUATEMALA

10 (from date of registration)

10

GUINEA (OAPI)

10 (from date of application)

10

GUINEA-BISSAU (OAPI)

10 (from date of application)

10

GUYANA

 7 (from date of application)

14

HAITI

10 (from date of registration)

10

HOLY SEE (Italy)

10 (from date of application)

10

HONDURAS

10 (from date of registration)

10

HUNGARY

10 (from date of application)

10

ICELAND

10 (from date of application)

10

INDIA

10 (from date of application)

10

INDONESIA

10 (from date of application)

10

IRAN

10 (from date of application)

10

IRAQ

10 (from date of application)

10

IRELAND

10 (from date of application)

10

ISRAEL

7 (from date of application for marks applied for on or before August 6, 2003);10 (from date of application for marks applied for after August 6, 2003)

10

ITALY

10 (from date of application)

10

IVORY COAST

See CÔTE D’IVOIRE

JAMAICA

10 (from date of application)

10

JAPAN

10 (from date of registration)

10

JORDAN

10 (from date of application)

10

KAZAKHSTAN (Russian Federation)

10 (from date of application)

10

KENYA

 7 (from date of application)

14

KOREA, NORTH (DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA)

10 (from date of application)

10

KOREA, SOUTH (REPUBLIC OF KOREA)

10 (from date of registration)

10

KYRGYZSTAN (Russian Federation)

10 (from date of application)

10

LAOS

10 (from date of application)

10

LATVIA

10 (from date of application)

10

LEBANON

15 (from date of application)

15

LESOTHO

10 (from date of application)

10

LIBERIA

15 (from date of registration)

15

LIBYA

10 (from date of application)

10

LIECHTENSTEIN

10 (from date of application)

10

LITHUANIA

10 (from date of application)

10

LUXEMBOURG (Benelux Nations)

10 (from date of application)

10

MADAGASCAR

10 (from date of application)

[A new industrial property law covering patents, trademarks and designs was promulgated in Madagascar on July 31, 1989.  Certain regulations have been promulgated, notably those covering the appointment of local trademark agents.  In addition, due to Madagascar's prior involvement in OAPI, trademark owners can claim rights in OAPI registrations filed before December 31, 1976.  December 9, 1994 was the cut-off date for filing Maintenance in Vigour applications.  Because rights in Madagascar are acquired on a first-to-file basis, trademark registration applications should be filed as soon as is possible.  Trademarks may be protected through publication of cautionary notices.  Trademarks Throughout the World (Anne-Laure Covin, 5th ed. 2008).]

10

MALAWI

 7 (from date of application)

14

MALAYSIA

10 (from date of application)

10

MALI (OAPI)

10 (from date of application)

10

MALTA

10 (from date of registration)

10

MAURITANIA (OAPI)

10 (from date of application)

10

MAURITIUS

7 (from date of application)

14

MEXICO

10 (from date of application)

10

MOLDOVA (REPUBLIC OF) (Russian Federation)

10 (from date of application)

10

MONACO

10 (from date of application)

10

MONGOLIA

10 (from date of application)

10

MONTENEGRO

10 (from date of application)

10

MOROCCO

10 (from date of application)

10

MOZAMBIQUE

10 (from date of application)

10

NAMIBIA

10 (from date of registration)

10

NEPAL

7 (from date of registration)

7

NETHERLANDS (Benelux Nations)

10 (from date of application)

10

NEW ZEALAND

10 (from date of registration)

10

NICARAGUA

10 (from date of registration)

10

NIGER (OAPI)

10 (from date of application)

10

NIGERIA

 7 (from date of application)

14

NORWAY

10 (from date of registration)

10

OMAN

10 (from date of application)

10

PAKISTAN

10 (from date of application)

10

PANAMA

10 (from date of application)

10

PAPUA NEW GUINEA

10 (from date of application)

10

PARAGUAY

10 (from date of registration)

10

PERU

10 (from date of registration)

10

PHILIPPINES

10 (from date of registration)

10

POLAND

10 (from date of application)

10

PORTUGAL

10 (from date of registration)

10

QATAR

10 (from date of application)

10

ROMANIA

10 (from date of application)

10

RUSSIAN FEDERATION

10 (from date of application)

10

RWANDA

Unlimited

SAINT KITTS and NEVIS

10 (from date of application)

10

SAINT LUCIA

10 (from date of application)

10

SAINT VINCENT and the GRENADINES

10 (from date of application)

10

SAN MARINO

10 (from date of application)

[San Marino has no trademark law.  However, trademark protection obtained in Italy applies here by virtue of the Pact Of Amity And Good Neighborhood, dated March 31, 1939.  Trademarks Throughout the World (Anne-Laure Covin, 5th ed. 2008).]

10

SAO TOME AND PRINCIPE

10 (from date of application)

10

SAUDI ARABIA

10 Hejira years, which is approximately 9 yr 8 mo (from date of application)

10 Hejira years

SENEGAL (OAPI)

10 (from date of application)

10

SERBIA

10 (from date of application)

10

SEYCHELLES

7 (from date of application)

14

SIERRA LEONE

14 (from date of application)

14

SINGAPORE

10 (from date of application)

10

SINT MAARTEN

10 (from date of application)

10

SLOVAKIA

10 (from date of application)

10

SLOVENIA

10 (from date of application)

10

SOUTH AFRICA

10 (from date of application)

10

SPAIN

10 (from date of application)

10

SRI LANKA

10 (from date of application)

10

SUDAN

10 (from date of application)

10

SURINAME

10 (from date of registration)

10

SWAZILAND

10 (from date of registration)

10

SWEDEN

10 (from date of registration)

10

SWITZERLAND

10 (from date of application)

10

SYRIA

10 (beginning on filing date of application and ending the last day of the month in which the application had been filed)

10

TAJIKISTAN (Russian Federation)

10 (from date of application)

10

TANZANIA (UNITED REPUBLIC OF) - TANGANYIKA

7 (from date of registration)

10

TANZANIA (UNITED REPUBLIC OF) - ZANZIBAR

14 (from date of application)

14

THAILAND

10 (from date of registration)

10

TOBAGO

See TRINIDAD and TOBAGO

TOGO (OAPI)

10 (from date of application)

10

TONGA

Term dependent on United Kingdom registration

Renewal dependent on United Kingdom registration

TRINIDAD and TOBAGO

10 (from date of registration)

10

TUNISIA

10 (from date of application)

10

TURKEY

10 (from date of application)

10

TURKMENISTAN (Russian Federation)

10 (from date of registration)

10

UGANDA

 7 (from date of application)

14

UKRAINE

10 (from date of application)

10

UNITED ARAB EMIRATES

10 (from date of application)

10

UNITED KINGDOM

10 (from date of application)

10

URUGUAY

10 (from date of registration)

10

UZBEKISTAN (Russian Federation)

10 (from date of application)

10

VENEZUELA

10 (from date of registration)

10

VIETNAM

10 (from date of application)

10

YEMEN

10 (from date of application)

10

YUGOSLAV REPUBLIC OF MACEDONIA, FORMER

10 (from date of application)

10

ZAMBIA

 7 (from date of application)

14

ZIMBABWE

10 (from date of application)

10

Inter-American Convention

Under the Inter-American Convention for Trademarks and Commercial Protection (also known as the “Pan-American Convention”), foreign applicants may seek U.S. registration, based on either (a) a valid registration, or (b) an application to register in any of the member countries listed below, with a right of priority if the United States application is filed within 6 months of the date of the first filing of the foreign application.  SeeDiaz v. Servicios De Franquicia Pardo’s S.A.C., 83 USPQ2d 1320 (TTAB 2007) ;British-American Tobacco Co., Ltd. v. Phillip Morris, Inc., 55 USPQ2d 1585 (TTAB 2000).

Country

Term of Registration (in years)

Renewal Period (in years)

COLOMBIA

10 (from date of registration)

10

CUBA

10 (from date of application)

10

GUATEMALA

10 (from date of registration)

10

HAITI

10 (from date of registration)

10

HONDURAS

10 (from date of registration)

10

NICARAGUA

10 (from date of registration)

10

PANAMA

10 (from date of application)

10

PARAGUAY

10 (from date of registration)

10

PERU

10 (from date of registration)

10

Buenos Aires Convention

Under the Buenos Aires Convention for the Protection of Trade Marks and Commercial Names, foreign applicants may seek registration based on a valid registration from a member country butnot based on an application in the foreign country.

Country

Term of Registration (in years)

Renewal Period (in years)

BOLIVIA

10 (from date of registration)

10

BRAZIL

10 (from date of registration)

10

COSTA RICA

10 (from date of registration)

10

CUBA

10 (from date of application)

10

DOMINICAN REPUBLIC

10 (from date of registration)

10

ECUADOR

10 (from date of registration)

10

GUATEMALA

10 (from date of registration)

10

HAITI

10 (from date of registration)

10

HONDURAS

10 (from date of registration)

10

NICARAGUA

10 (from date of registration)

10

PARAGUAY

10 (from date of registration)

10

URUGUAY

10 (from date of registration)

10

European Union Trademark

On December 20, 1993, the European Council issued Regulation No. 40/94, establishing a single system of trademark registration, known as the Community Trade Mark (“CTM”), which is alternative to the various registration systems of each nation within the European Union (“EU”), formerly known as the European Community (EC) or European Economic Community (EEC). European Union countries include all countries which are members of the European Union namely; Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom of Great Britain and Northern Ireland.  For a complete, up-to-date listing of members of the EU, see the EU website athttps://europa.eu/european-union/index_en. For information on whether the scope of the CTM extends to certain territories associated with EU member states, and thus whether a CTM registration could serve as a valid registration from an applicant’s country of origin, see the document available athttp://www.gevers.eu/sites/default/files/a2_eu_geo_en.pdf.

Effective March 23, 2016, OHIM was renamed the European Union Intellectual Property Office (“EUIPO”) and the CTM was renamed the European Union trademark (“EU trademark”), and all existing CTMs and CTM applications automatically became EU trademarks and EU trademark applications. See Regulation (EU) 2015/2424, of the European Parliament and of the Council of 16 December 2015, 2015 O.J. (L 341) 21, available athttps://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/legal_reform/regulation_20152424_en.pdf; Press Release, OHIM, EU Intellectual Property Office – New Name for the EU’s Largest Intellectual Property Agency (Dec. 24, 2015), available athttps://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/about_ohim/press_releases/LR/opt_1/OHIM_trade_mark_reform_pr_en.pdf.

A foreign applicant may seek registration in the United States based on either (a) a valid EU trademark registration, or (b) a EU trademark application, with a right of priority if the United States application is filed within 6 months of the date of the first filing of the EU trademark application. An EU trademark is registered for a period of 10 years, running from the date of filing, and may be renewed for 10 years. For further information about the EU trademark, see EUIPO’s website athttps://euipo.europa.eu/ohimportal/en and the Vademecum athttp://oami.europa.eu/pdf/mark/vademecum-ctm-en.pdf.

World Trade Organization

The World Trade Organization (“WTO”), established on January 1, 1995, is the embodiment of the results of the Uruguay Round trade negotiations and the successor to the General Agreement on Tariffs and Trade (“GATT”).  Article 4 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPs”) contains a most-favored-nation clause under which any advantage a member gives to the nationals of another member must normally be extended to the nationals of all members.  Section 44(b) of the Trademark Act,15 U.S.C. §1126(b),  provides that any person whose country of origin is a party to any convention or treaty to which the United States is a member is entitled to the benefits of §44.  Accordingly, foreign applicants may seek U.S. registration, based on either (a) a valid registration, or (b) an application to register in any of the member countries listed below, with a right of priority if the United States application is filed within 6 months of the date of the first filing of the foreign application.  The WTO Agreement entered into force in the United States on January 1, 1996.  The benefits accorded to nationals under this agreement by the United States date from January 1, 1996.  The following is a list of WTO members who are not currently members of the Paris Convention.  WTO members who are also members of the Paris Convention are not set forth in the list below because nationals from these countries have been able to base their U.S. registration on their home country application or registration since the date of the country’s accession to the Paris Convention.  For updates to the list of members below, see WTO’s home page athttp://www.wto.org.

Country

Effective Date of Membership

Term of Registration (in years)

Renewal Period (in years)

BRUNEI DARUSSALAM

Jan. 1, 1995

10 (from date of application)

10

EUROPEAN UNION

Jan. 1, 1995

10 (from date of application)

10

FIJI

Jan. 14, 1996

14 (from date of application)

14

HONG KONG

Jan. 1, 1995

10 (from date of registration)

10

KUWAIT

Jan. 1, 1995

10 (from date of application)

10

MACAO

Jan. 1, 1995

7 (from date of application)

7

MALDIVES

May 31, 1995

[There is no trademark law in effect in the Republic of Maldives, whose closest financial ties are with India.  The only means of obtaining protection is by publishing a cautionary note in the English section of a Maldives newspaper.  Trademarks Throughout the World (Anne-Laure Covin, 5th ed. 2008).]

MYANMAR

Jan. 1, 1995

Unlimited (from date of first use)

SOLOMON ISLANDS

July 26, 1996

Term dependent on United Kingdom registration

Renewal dependent on United Kingdom registration

Memorandum of Understanding Between United States and Taiwan

On the basis of a Memorandum of Understanding signed on April 10, 1996, between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States, a foreign applicant may seek U.S. registration based on either (a) a valid registration, or (b) an application filed in Taiwan, and may claim a right of priority if the United States application is filed within 6 months of the date of the first filing of the application in Taiwan.  See notice at 1186 TMOG 50 (May 7, 1996).  A registration in Taiwan is valid for 10 years from the date of registration, and may be renewed for 10 years.

Other Countries Offering Reciprocal Registration Rights to United States Applicants

Applicants from countries that are not members of international trademark agreements to which the United States is also a party may register in the United States based upon their home country registration if their home country provides reciprocal registration rights to U.S. applicants.  Following is a partial list of such countries.  A claim of priority based on a foreign-filed application (15 U.S.C. §1126(d))  is not usually available to these applicants.

If the country is not on the following list, the examining attorney should require an English copy of the foreign trademark statute providing for reciprocal registration rights to U.S. applicants based on a U.S. registration.

Country

Term of Registration (in years)

Renewal Period (in years)

TUVALU

Term dependent on United Kingdom registration

Renewal dependent on United Kingdom registration

Additional Resources For Information About International Treaties and the Trademark Laws of Foreign Countries

For further information about the trademark laws of foreign countries, seeTrademarks Throughout the World (Anne-Laure Covin, 5th ed. 2008) andWorld Trademark Law and Practice (Ethan Horwitz, 2nd ed. 2008).

The United States Department of State puts out a list of members of treaties currently in force, available athttp://www.state.gov/s/l/treaty/tif/index.htm.

Information about the United Nations treaty collection is available athttp://treaties.un.org/.

There is a directory of intellectual property offices on the World Intellectual Property Organization’s website athttp://www.wipo.int/directory/en/urls.jsp.

There are links to websites of foreign countries athttp://www.uspto.gov/faq/other.jsp.