Appendix B - Members 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 registration)

 

10

 

AUSTRALIA

 

10 (from date of application)

 

10

 

AUSTRIA

 

10 (from date of application)

 

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)

 

10

 

BARBADOS

 

10 (from date of registration)

 

10

 

BELARUS (Russian Federation)

 

10 (from date of application)

 

10

 

BELGIUM (Benelux Nations)

 

10 (from date of application)

 

10

 

BELIZE

 

10 (from date of registration)

 

10

 

BENIN (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

 

10 (from date of application)

 

10

 

CAMBODIA

 

10 (from date of application)

 

10

 

CAMEROON (OAPI)

 

10 (from date of application)

 

10

 

CANADA

 

10 (from date of registration for marks registered on or after June 17, 2019 and for renewals on or after June 17, 2019);

15 (from date of registration for marks registered and renewed before June 17, 2019, with a 10-year renewal term for any subsequent renewal after June 17, 2019)

 

10

 

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 (OAPI)

 

10 (from date of application)

 

10

 

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 registration)

 

10

 

CYPRUS

 

7 (from date of application)

 

14

 

CZECH REPUBLIC

 

10 (from date of application)

 

10

 

DENMARK

 

10 (from date of application)

 

10

 

DJIBOUTI

 

10 (from date of application)

 

10

 

DOMINICA

 

10 (from date of application)

 

10

 

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

 

ESWATINI

 

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

 

10 (from date of application)

 

10

 

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 date of application)

 

10

 

GRENADA

 

10 (from date of application)

 

10

 

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 registration)

 

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 registration)

 

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

 

10 (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

 

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

 

10 (from date of application)

 

10

 

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

 

10 (from date of application)

 

10

 

MEXICO

 

10 (from date of registration)

 

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 application)

 

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

 

NORTH MACEDONIA

 

10 (from date of application)

 

10

 

NORWAY

 

10 (from date of application)

 

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 application)

 

10

 

QATAR

 

10 (from date of application)

 

10

 

ROMANIA

 

10 (from date of application)

 

10

 

RUSSIAN FEDERATION

 

10 (from date of application)

 

10

 

RWANDA

 

10 (from date of application)

 

10

 

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

 

10 (from date of application) with 7-year renewal terms thereafter

 

7

 

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

 

See ESWATINI

 
 

SWEDEN

 

10 (from date of application)

 

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 application)

 

10

 

TANZANIA (UNITED REPUBLIC OF) - ZANZIBAR

 

10 (from date of application)

 

7

 

THAILAND

 

10 (from date of registration)

 

10

 

TOBAGO

 

See TRINIDAD and TOBAGO

 
 

TOGO (OAPI)

 

10 (from date of application)

 

10

 

TONGA

 

10 (from date of application)

 

10

 

TRINIDAD and TOBAGO

 

10 (from date of application)

 

10

 

TUNISIA

 

10 (from date of application)

 

10

 

TURKEY

 

10 (from date of application)

 

10

 

TURKMENISTAN (Russian Federation)

 

10 (from date of application)

 

10

 

UGANDA

 

7 (from date of application)

 

10

 

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

 

15 (from date of registration)

 

15

 

VIETNAM

 

10 (from date of application)

 

10

 

YEMEN

 

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.  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

 

   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

 

   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.

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

 

10 (from date of application)

 
10 

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, 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.