TMEP / Countries 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 is not 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)