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 .

CountryTerm of Registration (in years)Renewal Period (in years)
ALBANIA10 (from date of application)10
ALGERIA10 (from date of application)10
ANDORRA10 (from date of registration)10
ANGOLA10 (from date of application)10
ANTIGUA and BARBUDA10 (from date of application)10
ARGENTINA10 (from date of registration)10
ARMENIA (Russian Federation)10 (from date of application)10
ARUBA10 (from date of registration)10
AUSTRALIA10 (from date of application)10
AUSTRIA10 (from date of application)10
AZERBAIJAN (Russian Federation)10 (from date of application)10
BAHAMAS14 (from date of application)14
BAHRAIN10 (from date of application)10
BANGLADESH7 (from date of application)10
BARBADOS10 (from date of registration)10
BELARUS (Russian Federation)10 (from date of application)10
BELGIUM (Benelux Nations)10 (from date of application)10
BELIZE10 (from date of registration)10
BENIN (OAPI)10 (from date of application)10
BHUTAN10 (from date of application)10
BOLIVIA10 (from date of registration)10
BOSNIA and HERZEGOVINA10 (from date of application)10
BOTSWANA10 (from date of application)10
BRAZIL10 (from date of registration)10
BULGARIA10 (from date of application)10
BURKINA FASO (OAPI)10 (from date of application)10
BURUNDI10 (from date of application)10
CAMBODIA10 (from date of application)10
CAMEROON (OAPI)10 (from date of application)10
CANADA10 (from date of registration)10
CENTRAL AFRICAN REPUBLIC (OAPI)10 (from date of application)10
CHAD (OAPI)10 (from date of application)10
CHILE10 (from date of registration)10
CHINA (PEOPLE’S REPUBLIC)10 (from date of registration)10
COLOMBIA10 (from date of registration)10
COMOROS (OAPI)10 (from date of application)10
CONGO, DEMOCRATIC REPUBLIC OF10 (from date of application)10
CONGO (OAPI)10 (from date of application)10
COSTA RICA10 (from date of registration)10
CÔTE D’IVOIRE (OAPI)10 (from date of application)10
CROATIA10 (from date of application)10
CUBA10 (from date of application)10
CURAÇAO10 (from date of registration)10
CYPRUS7 (from date of application)14
CZECH REPUBLIC10 (from date of application)10
DENMARK10 (from date of application)10
DJIBOUTI10 (from date of application)10
DOMINICA10 (from date of application)10
DOMINICAN REPUBLIC10 (from date of registration)10
ECUADOR10 (from date of registration)10
EGYPT10 (from date of application)10
EL SALVADOR10 (from date of registration)10
EQUATORIAL GUINEA (OAPI)10 (from date of application)10
ESTONIA10 (from date of application)10
ESWATINI10 (from date of application)10
FINLAND10 (from date of registration)10
FRANCE10 (from date of application)10
GABON (OAPI)10 (from date of application)10
GAMBIA10 (from date of application)10
GEORGIA10 (from date of registration)10
GERMANY10 (starts on application date, ends after 10 years, on last day of the month of the application date)10
GHANA10 (from date of application)10
GREECE10 (from date of application)10
GRENADA10 (from date of application)10
GUATEMALA10 (from date of registration)10
GUINEA (OAPI)10 (from date of application)10
GUINEA-BISSAU (OAPI)10 (from date of application)10
GUYANA7 (from date of application)14
HAITI10 (from date of registration)10
HOLY SEE (Italy)10 (from date of application)10
HONDURAS10 (from date of registration)10
HUNGARY10 (from date of application)10
ICELAND10 (from date of registration)10
INDIA10 (from date of application)10
INDONESIA10 (from date of application)10
IRAN10 (from date of application)10
IRAQ10 (from date of application)10
IRELAND10 (from date of application)10
ISRAEL7 (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
ITALY10 (from date of application)10
IVORY COASTSee CÔTE D’IVOIRE
JAMAICA10 (from date of registration)10
JAPAN10 (from date of registration)10
JORDAN10 (from date of application)10
KAZAKHSTAN (Russian Federation)10 (from date of application)10
KENYA10 (from date of application)10
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
LAOS10 (from date of application)10
LATVIA10 (from date of application)10
LEBANON15 (from date of application)15
LESOTHO10 (from date of application)10
LIBERIA15 (from date of registration)15
LIBYA10 (from date of application)10
LIECHTENSTEIN10 (from date of application)10
LITHUANIA10 (from date of application)10
LUXEMBOURG (Benelux Nations)10 (from date of application)10
MADAGASCAR10 (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
MALAWI10 (from date of application)10
MALAYSIA10 (from date of application)10
MALI (OAPI)10 (from date of application)10
MALTA10 (from date of registration)10
MAURITANIA (OAPI)10 (from date of application)10
MAURITIUS10 (from date of application)10
MEXICO10 (from date of registration)10
MOLDOVA (REPUBLIC OF) (Russian Federation)10 (from date of application)10
MONACO10 (from date of application)10
MONGOLIA10 (from date of application)10
MONTENEGRO10 (from date of application)10
MOROCCO10 (from date of application)10
MOZAMBIQUE10 (from date of application)10
NAMIBIA10 (from date of application)10
NEPAL7 (from date of registration)7
NETHERLANDS (Benelux Nations)10 (from date of application)10
NEW ZEALAND10 (from date of registration)10
NICARAGUA10 (from date of registration)10
NIGER (OAPI)10 (from date of application)10
NIGERIA7 (from date of application)14
NORTH MACEDONIA10 (from date of application)10
NORWAY10 (from date of application)10
OMAN10 (from date of application)10
PAKISTAN10 (from date of application)10
PANAMA10 (from date of application)10
PAPUA NEW GUINEA10 (from date of application)10
PARAGUAY10 (from date of registration)10
PERU10 (from date of registration)10
PHILIPPINES10 (from date of registration)10
POLAND10 (from date of application)10
PORTUGAL10 (from date of application)10
QATAR10 (from date of application)10
ROMANIA10 (from date of application)10
RUSSIAN FEDERATION10 (from date of application)10
RWANDA10 (from date of application)10
SAINT KITTS and NEVIS10 (from date of application)10
SAINT LUCIA10 (from date of application)10
SAINT VINCENT and the GRENADINES10 (from date of application)10
SAN MARINO10 (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 PRINCIPE10 (from date of application)10
SAUDI ARABIA10 Hejira years, which is approximately 9 yr 8 mo (from date of application)10 Hejira years
SENEGAL (OAPI)10 (from date of application)10
SERBIA10 (from date of application)10
SEYCHELLES10 (from date of application) with 7-year renewal terms thereafter7
SIERRA LEONE14 (from date of application)14
SINGAPORE10 (from date of application)10
SINT MAARTEN10 (from date of application)10
SLOVAKIA10 (from date of application)10
SLOVENIA10 (from date of application)10
SOUTH AFRICA10 (from date of application)10
SPAIN10 (from date of application)10
SRI LANKA10 (from date of application)10
SUDAN10 (from date of application)10
SURINAME10 (from date of registration)10
SWAZILANDSee ESWATINI
SWEDEN10 (from date of application)10
SWITZERLAND10 (from date of application)10
SYRIA10 (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) - TANGANYIKA7 (from date of application)10
TANZANIA (UNITED REPUBLIC OF) - ZANZIBAR10 (from date of application)7
THAILAND10 (from date of registration)10
TOBAGOSee TRINIDAD and TOBAGO
TOGO (OAPI)10 (from date of application)10
TONGA10 (from date of application)10
TRINIDAD and TOBAGO10 (from date of application)10
TUNISIA10 (from date of application)10
TURKEY10 (from date of application)10
TURKMENISTAN (Russian Federation)10 (from date of application)10
UGANDA7 (from date of application)10
UKRAINE10 (from date of application)10
UNITED ARAB EMIRATES10 (from date of application)10
UNITED KINGDOM10 (from date of application)10
URUGUAY10 (from date of registration)10
UZBEKISTAN (Russian Federation)10 (from date of application)10
VENEZUELA15 (from date of registration)15
VIETNAM10 (from date of application)10
YEMEN10 (from date of application)10
ZAMBIA7 (from date of application)14
ZIMBABWE10 (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. 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).

CountryTerm of Registration (in years)Renewal Period (in years)
COLOMBIA10 (from date of registration)10
CUBA10 (from date of application)10
GUATEMALA10 (from date of registration)10
HAITI10 (from date of registration)10
HONDURAS10 (from date of registration)10
NICARAGUA10 (from date of registration)10
PANAMA10 (from date of application)10
PARAGUAY10 (from date of registration)10
PERU10 (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 but not based on an application in the foreign country.

CountryTerm of Registration (in years)Renewal Period (in years)
BOLIVIA10 (from date of registration)10
BRAZIL10 (from date of registration)10
COSTA RICA10 (from date of registration)10
CUBA10 (from date of application)10
DOMINICAN REPUBLIC10 (from date of registration)10
ECUADOR10 (from date of registration)10
GUATEMALA10 (from date of registration)10
HAITI10 (from date of registration)10
HONDURAS10 (from date of registration)10
NICARAGUA10 (from date of registration)10
PARAGUAY10 (from date of registration)10
URUGUAY10 (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).

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 at https://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 at https://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 .

European Union countries include all countries which are members of the European Union namely; Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. For a complete, up-to-date listing of members of the EU, see the EU website at http://www.gevers.eu/sites/default/files/a2_eu_geo_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 at https://euipo.europa.eu/ohimportal/en and the Vademecum at http://euipo.europa.eu/pdf/mark/vademecum-ctm-en.pdf . For information on whether the scope of the EU trademark extends to certain territories associated with EU member states, and thus whether an EU trademark registration could serve as a valid registration from an applicant’s country of origin, see the document available at https://ec.europa.eu/europeaid/regions/octs_en.

Organisation Africaine de la Propriété Intellectuelle (OAPI)

Organisation Africaine de la Propriété Intellectuelle (OAPI) is the African Intellectual Property Organization for French-speaking Africa. The 17 member countries are Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, and Togo. One application covers all member states. It is not possible to designate certain countries separately. It is not possible to obtain national registration or renewal in a sole member state. This is a significant difference from the other regional registration system in Africa, the African Regional Intellectual Property Organization (ARIPO) for primarily English-speaking African countries. The Bangui Agreement is the legislation that underpins OAPI.

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, 1995. 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 .

CountryEffective Date of MembershipTerm of Registration (in years)Renewal Period (in years)
BRUNEI DARUSSALAMJan. 1, 199510 (from date of application)10
EUROPEAN UNIONJan. 1, 199510 (from date of application)10
FIJIJan. 14, 199614 (from date of application)14
HONG KONGJan. 1, 199510 (from date of registration)10
KUWAITJan. 1, 199510 (from date of application)10
MACAOJan. 1, 19957 (from date of application)7
MALDIVESMay 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).]
MYANMARJan. 1, 199510 (from date of application)10
SOLOMON ISLANDSJuly 26, 1996Term dependent on United Kingdom registrationRenewal 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.

CountryTerm of Registration (in years)Renewal Period (in years)
TUVALUTerm dependent on United Kingdom registrationRenewal 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, see https://wipolex.wipo.int/en/main/legislation .

The United States Department of State puts out a list of members of treaties currently in force, available at https://www.state.gov/treaties-in-force/ .

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 .