TMEP / Countries That Have Standard Character Marks or the Equivalent

Appendix E - Countries That Have Standard Character Marks or the Equivalent

Appendix ECountries That Have Standard Character Marks or the Equivalent

Purpose: The purpose of this appendix is to assist in determining for which countries it is unnecessary to inquire whether and/or confirm that the mark as registered in the foreign registration is in standard characters or the equivalent.

Explanation: The Office currently requires examining attorneys to inquire whether a mark in a foreign registration is in standard characters or the equivalent.TMEP §807.03(f). The following list is of countries that have been determined to register marks that are in standard characters or the equivalent. Please note that “country” refers to the country of the foreign registration upon which the applicant relies to obtain registration under §44(e). Thus, for countries on this list, provided that the drawing of the mark in the foreign registration is in block letters or other plain type font, the examining attorney need not inquire whether the registered mark in the foreign registration is in standard characters or the equivalent, unless the applicant has indicated that the mark is not standard characters or the equivalent.

If the applicant has indicated that the mark isnot in standard characters or the equivalent, but the foreign registration is from a country on the list and the mark appears in block letters or other plain type font, the examining attorney must inquire about the discrepancy. In response to the inquiry, the applicant must either amend the application to claim standard characters, or confirm that the mark is not in standard characters or the equivalent. If a particular country is not on this list, the examiner must inquire as to whether the mark in the foreign registration is for a mark in standard characters or the equivalent.

COUNTRY LIST

ALBANIA

ARGENTINA

AUSTRALIA

AUSTRIA

BELGIUM (Benelux Nations)

BELIZE

BRAZIL

BURUNDI

CANADA

CHILE

CHINA (PEOPLE’S REPUBLIC OF)

COSTA RICA

CUBA

CZECH REPUBLIC

DENMARK

ECUADOR

EL SALVADOR

FINLAND

FRANCE (including Overseas Departments and Territories)

GERMANY

GUATEMALA

HONG KONG

HUNGARY

ICELAND

INDIA

IRELAND

JAPAN

KOREA, SOUTH (REPUBLIC OF KOREA)

LEBANON

LIECHTENSTEIN

LUXEMBOURG (Benelux Nations)

MEXICO

MONACO

NETHERLANDS (Benelux Nations)

NEW ZEALAND

NICARAGUA

NORWAY

PANAMA

PEOPLES REPUBLIC OF CHINA (PRC)

PERU

PORTUGAL

RUSSIAN FEDERATION

SAN MARINO

SINGAPORE

SOUTH AFRICA

SOUTH KOREA (REPUBLIC OF KOREA)

SPAIN

SWEDEN

SWITZERLAND

TAIWAN (REPUBLIC OF CHINA)(ROC)

UNITED KINGDOM

OTHER TYPES OF REGISTRATIONS THAT ARE FOR STANDARD CHARACTER MARKS OR EQUIVALENT

MADRID PROTOCOL (provided that the 79’ series application indicates the mark is in standard characters)

COMMUNITY TRADEMARK (CTM)