• Trademark Manual of Examining Procedure
  • Appendix B - 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 at http://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 (including Overseas Departments and Territories)

    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

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       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.  See Diaz 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

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       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 but not 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

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       European Community 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).  A foreign applicant may seek registration in the United States based on either (a) a valid CTM registration, or (b) a CTM 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 CTM application.  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.  A CTM is registered for a period of 10 years, running from the date of filing, and may be renewed for 10 years.  CTM registrations are issued by the Office for Harmonization in the Internal Market (“OHIM”).  For further information about the CTM, see OHIM’s website at http://oami.europa.eu .  For an updated listing of members of the EU, see the EU website at http://userpage.chemie.fu-berlin.de/adressen/eu.html .

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       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 at http://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

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       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.

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       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

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

    For further information about the trademark laws of foreign countries, see Trademarks Throughout the World (Anne-Laure Covin, 5th ed. 2008) and World 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 at http://www.state.gov/s/l/treaty/tif/index.htm .

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

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

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

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