(211) Section 44 Trademark Applications May Be Based On
Applications And Registrations In World Trade Organization Countries
The World Trade Organization (WTO), established on January 1, 1995,
resulted from the Uruguay Round trade negotiations and is the successor
to the General Agreement on Tariffs and Trade (GATT). The WTO Agreement
entered into force in the United States on January 1, 1996. Article 4 of
the WTO Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPs), provides that any advantage, favor, privilege or
immunity that a WTO member gives to the nationals of another WTO member
must normally be extended to the nationals of all other 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 Section 44.
Accordingly, foreign applicants may file a U.S. application based on
either (a) a valid registration from any of the WTO members listed
below, or (b) a claim of priority arising from an application from any
of the WTO members listed below. A claim of priority may be made only if
the United States application is filed within 6 months of the date of
the first filing of the foreign application. Benefits accorded to
nationals under this agreement by the United States date from January 1,
1996.
WTO members who are also members of the Paris Convention for the
Protection of Industrial Property have been able to base their U.S.
application on their home country application or registration since the
date of the country's accession to the Paris Convention. Therefore, for
convenience, the following chart lists only WTO members who are not
presently members of the Paris Convention.
Renewal
Effective Date Term of Period
of Membership Registration (in
Country in WTO (in years) years)
Angola Nov. 23, 1996 10 (from date of application) 10
Antigua and Jan. 1, 1995 14 (from date of application) 14
Barbuda
Bahrain Jan. 1, 1995 10 (from date of application) 10
Belize* Jan. 1, 1995
Botswana** May 31,1995
Brunei Jan. 1, 1995 7 (from date of application) 14
Darussalam
Djibouti May 31, 1995 10 (from date of application) 10
Dominica Jan. 1, 1995 14 (from date of application) 14
European Jan. 1, 1995 10 (from date of application) 10
Community
Fiji Jan. 14, 1996 14 (from date of application) 14
Grenada* Feb. 22, 1996
Guatemala July 21, 1995 10 (from date of registration) 10
Hong Kong Jan. 1, 1995 7 (from date of application) 14
India Jan. 1, 1995 7 (from date of application) 7
Jamaica Mar. 9, 1995 7 (from date of application) 14
Kuwait Jan. 1, 1995 10 (from date of registration) 10
Macau Jan. 1, 1995 7 (from date of application) 7
Mozambique Aug. 26, 1995 10 (from date of registration) 10
Myanmar*** Jan. 1, 1995
Namibia Jan. 1, 1995 10 (from date of registration) 10
Pakistan Jan. 1, 1995 7 (from date of application) 15
Papua June 9, 1996 10 (from date of application) 10
New Guinea
Qatar Jan. 13, 1996 10 (from date of application) 10
Sierra Leone July 23, 1995 14 (from date of application) 14
Slovenia July 30, 1995 10 (from date of application) 10
Solomon July 26, 1996
Islands*
Thailand Jan. 1, 1995 10 (from date of registration) 10
*Term and Renewal Dependent on United Kingdom Registration
**Term and Renewal Dependent on United Kingdom or South African
Registration
***Unlimited Term from Date of First Use
March 17, 1997 PHILLIP G. HAMPTON, II
Assistant Commissioner for Trademarks
[1197 TMOG 56]