Chapter 13:VALIDITY OF IP RIGHTS LOCALLY: SPECIFICS

CHAPTER 13

Validity of IP Rights Locally: Specifics

ALL IP RIGHTS ARE NATIONAL IN ORIGIN . International treaties may offer recognition and protection of IP rights, but one of their foremost goals has been to require the harmonization of national laws and practices. While this goal has been somewhat successful, local variations are still very much in existence. When developing an international IP strategy, it is important to keep some of these variations in mind, particularly if failure to comply will mean loss of your IP rights. A listing of all requirements for all IP rights for all countries will not fit in this chapter. The countries listed below are intended to provide a sampling of the issues and requirements of local laws that you might find relevant when deciding on your IP strategy. Keep in mind that this is a short list and other concerns may also be important to take into account before finalizing your strategy. As you will see, there are trends in harmonization but also many differences in details. It should also be apparent that the protection of IP rights is not as easy as it may at first seem; merely filing an application for registration is not all there is to it! For advice on specific local legal requirements, always consult an attorney knowledgeable in the laws and practices of the particular country of interest.

Local Patent Laws

ARGENTINA

■ PATENT REGISTRY : National Patent Registry, National Institute of Industrial

Property (INPI), Ministry of Economic Affairs, Public Works and Public Services ■ RIGHTS PROTECTED: Utility (industrially useful) inventions; pharmaceutical products ■ NOVELTY REQUIREMENT: Invention is novel if it is not currently known in the industry

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney legalized by

Argentine Consulate; Spanish translation of specification, claims, and abstract; if applicant is not the inventor, deed of assignment legalized by the Argentine

Consulate; if priority is claimed, certified copy of the application or registration on which the priority claim is based ■ DURATION: 20 years ■ USE REQUIREMENTS: Annual annuities; if owner fails to work patent within three years of granting date or within four years of filing date ■ RELATED RIGHTS: Utility models, with 10 year duration

AUSTRALIA

■ PATENT REGISTRY: Patent Office, IP Australia, Department of Industry,

Science, and Resources ■ RIGHTS PROTECTED: Utility (one that is useful in industry) inventions of devices, substances, methods, processes, and improvements thereon; pharmaceutical, food product, plant variety, microorganism, and computer-related inventions; schemes and plans ■ NOVELTY REQUIREMENT: Absolute novelty, meaning no description of an identical invention has been publicly disclosed by any means anywhere in the world, nor has the invention ever been demonstrated, sold, or discussed in public anywhere before the application filing date

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; specification (consisting of description and claims) and drawings in

English; if priority is claimed, copy of the application or registration on which the priority claim is based, with English translation ■ DURATION: Patent for 20 years ■ USE REQUIREMENTS: Annual annuities ■ RELATED RIGHTS: Design and industrial models, with 1-year term and extension to a maximum of 16 years; integrated circuit layout rights, with 10year term and extension to a maximum of 20 years

BRAZIL

■ PATENT REGISTRY: National Industrial Property Institute (INPI), Ministry of

Industry, Commerce, and Tourism ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of devices, substances, methods, processes, and improvements thereon; pharmaceutical, food product, plant variety, and microorganism inventions ■ NOVELTY REQUIREMENT: Absolute novelty, meaning no description of an identical invention has been made available to the public by any communication means anywhere in the world, nor has the invention ever been demonstrated, sold, or discussed in public anywhere before the application filing date

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; summary, specification (consisting of description and claims), abstract, and drawing with Portuguese translation; if applicant is not the inventor, deed of assignment notarized; if priority is claimed, certified copy of the application or registration on which the priority claim is based with sworn Portuguese translation ■ DURATION: Patent for 20 years from filing date, but never less than 10 years from granting date; for vegetal species, for 15 to 18 years depending on type ■ USE REQUIREMENTS: Annual annuities beginning in third year from filing date; if owner fails to work patent, it becomes subject to compulsory licensing

■ RELATED RIGHTS: Utility models, with 15 year duration from filing date but never less than 7 years from granting date; industrial designs and models, with 10 years duration from filing date and three consecutive renewals of five years each

CANADA

■ PATENT REGISTRY: Canadian Intellectual Property Office (CIPO),

Department of Industry ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of machines, compositions of matter, manufactures, processes, and improvements thereon; pharmaceutical, food product, plant variety, and microorganism inventions ■ NOVELTY REQUIREMENT: New invention, that is, identical invention has not been previously disclosed by or through the applicant so as to become available to the public more than one year before the filing date and not made previously available to the public or in a prior application by another person

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; abstract, specification (consisting of description and claims), and drawings in English; if applicant is not the inventor, statement of assignment with English translation; if priority is claimed, copy of the application or registration on which the priority claim is based with English translation ■ DURATION: Patent protection is for 20 years from filing date ■ USE REQUIREMENTS: Annual annuities; if owner fails to work patent in compliance with Canadian law, patent becomes subject to compulsory licensing; no compulsory license is imposed for medical or pharmaceutical patents ■ RELATED RIGHTS: Industrial designs, with 10-year term; integrated circuit topographies, with 10-year term from the application filing date or date of first commercial exploitation whichever is earlier.

CHINA

■ PATENT REGISTRY: Patent Office, State Intellectual Property Office (SIPO),

State Administration for Industry and Commerce (SAIC) ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of products, processes, and improvements thereon; pharmaceutical, agricultural, chemical, and microorganism inventions ■ NOVELTY REQUIREMENT: New invention, that is, identical invention has not been publicly disclosed in publications anywhere in the world, publicly used or made known to the public by any means whatsoever, nor subject of any prior patent application filings, except applicant may still file within 6 months after disclosure of invention without applicant’s consent or disclosure of it at an international exhibition sponsored or recognized by the Chinese government or at a prescribed academic or technological meeting

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; specification (consisting of description and claims), and abstract, and drawing; report on prior art; if applicant is not the inventor, deed of assignment; if priority is claimed, copy of the application or registration on which the priority claim is based

■ DURATION: Patent for 20 years ■ USE REQUIREMENTS: Annual annuities beginning in year patent is granted; if owner fails to work patent within reasonable time (determined by SIPO), patent becomes subject to compulsory licensing ■ RELATED RIGHTS: Design and utility models, with 10 year duration

EGYPT

■ PATENT REGISTRY: Egyptian Patent and Trademark Office, Administration of Commercial Registration, Ministry of Supply and Internal Trade ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of products, processes, and improvements thereon; pharmaceutical, food processes, plant varieties ■ NOVELTY REQUIREMENT: Absolute novelty, meaning the invention must not have become known through publication or use in Egypt or anywhere in the world prior to the filing date or priority date of the application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney legalized by the Egyptian Consulate; two copies of specification (consisting of description and claims), drawing, and abstract with Arabic translation; if applicant is not the inventor, assignment deed legalized by the Egyptian Consulate; if applicant is company, certificate of existence legalized by the Egyptian Consulate; if priority is claimed, certified copy of priority documents with Arabic translation ■ DURATION: 15 years initially and one five-year renewal with proof of justification for renewal; pharmaceutical patents for 10 years initially and one 10year renewal ■ USE REQUIREMENTS: Annual annuities; if owner fails to work patent within three years from grant date or ceases to work it for two consecutive years, patent is subject to compulsory licensing by third parties ■ RELATED RIGHTS: Design and industrial models can be protected for five years initially with two five-year renewal periods

GERMANY

■ PATENT REGISTRY: German Patent and Trademark Office ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of machines, compositions of matter, manufactures, processes, and improvements thereon; pharmaceutical, and food product inventions ■ NOVELTY REQUIREMENT: New invention, that is, identical invention has not been previously disclosed in any prior art anywhere in the world; if inventor described or used the invention in public, patent must be filed within six months of such disclosure

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; three copies of the specification (consisting of description and claims) drawing, and abstract with German translation; if applicant is not the inventor, deed of assignment; if priority is claimed, copy of the application or registration on which the priority claim is based

■ DURATION: Patent for 20 years ■ USE REQUIREMENTS: Annual annuities; if owner fails to work patent in compliance with German law, patent becomes subject to compulsory licensing ■ RELATED RIGHTS: Designs, with 5-year initial term and three five-year renewals (maximum 20 years) and industrial models, with 3-year initial term and two-year renewals to a maximum of 10 years

HONG KONG S.A.R. ■ PATENT REGISTRY: Hong Kong SAR Patent Registry, Intellectual Property

Department, Ministry of Trade and Industry ■ RIGHTS PROTECTED: Standard utility (industrially useful) inventions of products, processes, and improvements thereon and plant variety inventions; designated patents filed and granted in China, United Kingdom, or European

Patent Organization; short-term utility inventions for products or processes having short commercial life ■ NOVELTY REQUIREMENT: Absolute novelty, meaning invention has not been made available to public and is not in prior art available to the public anywhere in the world prior to the application filing date or priority date, except that inventor has 6-month period from first publication to file in China

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; if a designated patent, copy of recording of patent from designated country and copy of published application; specification (consisting of description and claims), drawings, and abstract with English and Chinese translation; title with

English and Chinese translation; if short-term patent, search report obtained from designated authority; if priority is claimed, copy of the application or registration on which the priority claim is based ■ DURATION: Standard or designated patent for a maximum of 20 years and a short term patent for a maximum of eight years ■ USE REQUIREMENTS: Annual annuities from end of third year after filing date; if owner fails to work patent, patent becomes subject to compulsory licensing ■ RELATED RIGHTS: Design applied by industrial process and integrated circuit design, with 5-year initial term and 5-year renewals to maximum of 25 years.

JAPAN

■ PATENT REGISTRY: Japanese Patent Office (JPO) ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of machines, compositions of matter, manufactures, processes, and improvements thereon; pharmaceuticals, food products; microorganisms, plant variety inventions ■ NOVELTY REQUIREMENT: New invention, meaning invention has not been made public knowledge and has not been used publicly anywhere in the world through any means of communication, including electronic networks, except that inventor may file within 6 months of public disclosure

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; specification (description and single claim) and drawing with Japanese

translation; if priority is claimed, certified copy of the application or registration on which the priority claim is based ■ DURATION: Patent for 20 years ■ USE REQUIREMENTS: Annual annuities; if owner fails to work patent in compliance with Japanese law, patent becomes subject to compulsory licensing ■ RELATED RIGHTS: Utility models, with 6-year term; industrial designs with 15year term

MEXICO

■ PATENT REGISTRY: Mexican Institute of Industrial Property (IMPI) ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of machines, compositions of matter, manufactures, processes, and improvements thereon; processes for making food products or medical drugs or pharmaceuticals ■ NOVELTY REQUIREMENT: Absolute novelty, meaning no disclosure of preceding material constituting industrial prior art to public anywhere at any time by any means through which the invention could be understood

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney signed and witnessed; specification (consisting of description and claims), drawing, and abstract with Spanish translation; if applicant is not the inventor, deed of assignment certified; if priority is claimed, certified copy of the application or registration on which the priority claim is based ■ DURATION: Patent for 20 years ■ USE REQUIREMENTS: Annual annuities ■ RELATED RIGHTS: Design and industrial models, with 15 year duration

UNITED KINGDOM

■ PATENT REGISTRY: The Patent Office, Ministry of Trade and Industry ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of products, processes, and improvements thereon; pharmaceutical and food product inventions ■ NOVELTY REQUIREMENT: Absolute novelty, meaning no disclosure of identical invention anywhere in the world through any means before the application filing date

■ SPECIAL DOCUMENTARY REQUIREMENTS: Two copies of specification (consisting of description and claims), abstract, and drawings in English; if applicant is not the inventor, statement of assignment in English; if priority is claimed, copy of the application or registration on which the priority claim is based in English ■ DURATION: Patent for 20 years; medicinal patent may be renewed for one 5year term ■ USE REQUIREMENTS: Annual annuities; if owner fails to work patent in three consecutive years after grant, patent becomes subject to compulsory licensing

■ RELATED RIGHTS: Design models, with 10-year term beginning on date of first marketing to maximum of 15 years from creation date; industrial models, with 5-year term and two 5-year renewals

UNITED STATES

■ PATENT REGISTRY: United States Patent and Trademark Office (USPTO), US

Department of Commerce ■ RIGHTS PROTECTED: Utility (industrially useful) inventions of machines, compositions of matter, manufactures, processes, and improvements thereon; food products, pharmaceuticals, plant varieties, and business method inventions ■ NOVELTY REQUIREMENT: New invention, meaning it must not be known or used by others in the US, it must not be patented or described in a printed publication anywhere in the world before being invented by applicant; and it must not be in public use or sale in the US more than one year before the application filing date

■ SPECIAL DOCUMENTARY REQUIREMENTS: Declaration of ownership signed by applicant or person on applicant’s behalf; specification (consisting of description and claims), abstract, and drawing in English; if applicant is not the inventor, deed of assignment; if priority is claimed, copy of the application or registration on which the priority claim is based ■ DURATION: Patent for 20 years ■ USE REQUIREMENTS: Maintenance fee levied three times periodically after grant of patent ■ RELATED RIGHTS: Design patents, with 14-year term

Local Copyright Laws

ARGENTINA

■ COPYRIGHT REGISTRY: National Copyright Registry, National Institute of

Industrial Property (INPI), Ministry of Economic Affairs, Public Works and Public

Services ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including computer programs, performances, broadcasts, and sound recordings; works in public domain earn dues for benefit of government fund for art development

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney notarized; three copies of the work or, if visual art or film, description or sketch ■ DURATION: For individual creator, lifetime plus 70 years; for cinematographic works, 50 years from first projection; for anonymous works of corporate bodies, 50 years from publication; for works first published after the author’s death, 50 years from date of death; for photographic works, 20 years from publication date

AUSTRALIA

■ COPYRIGHT REGISTRY: Copyright Office, Intellectual Property Branch,

Attorney General’s Department ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including computer programs, performances, broadcasts, and sound recordings

■ SPECIAL DOCUMENTARY REQUIREMENTS: None ■ DURATION: For individual creator, lifetime plus 70 years from end of year of death; for works first published after the author’s death, 70 years from end of year of first publication date for products published after 1955 (before 1955, 50 years); for films and sound recordings, 70 years from publication; for broadcasts, 50 years from year made

BRAZIL

■ COPYRIGHT REGISTRY: National Industrial Property Institute (INPI),

Ministry of Industry, Commerce, and Tourism ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including performances, computer programs, broadcasts, and sound recordings

■ SPECIAL DOCUMENTARY REQUIREMENTS: Declaratory document as to right of ownership, with Portuguese translation ■ DURATION: For individual creator, lifetime plus 70 years from January 1 of year following author’s death; for audiovisual works and photographs, 70 years from publication date; for computer programs, 50 years from January 1 of year following publication date

CANADA

■ COPYRIGHT REGISTRY: Copyright Office, Canadian Intellectual Property

Office (CIPO), Department of Industry ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including computer programs, performances, sound recordings, and communication signals

■ SPECIAL DOCUMENTARY REQUIREMENTS: None ■ DURATION: For individual creator, lifetime plus 50 years from end of year of author’s death

CHINA

■ COPYRIGHT REGISTRY: Copyright Office, State Administration for Industry and Commerce (SAIC) ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including computer programs

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed ■ DURATION: For individual creator, lifetime plus 50 years; for computer programs, 25 years with one 25-year renewal

EGYPT

■ COPYRIGHT REGISTRY: Administration of Commercial Registration,

Ministry of Supply and Internal Trade ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including computer programs

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney legalized by

Egyptian Consulate; certificate of registration for the work in any other country; original and two copies of the work ■ DURATION: Creator’s lifetime plus 50 years

GERMANY ■ COPYRIGHT REGISTRY: German Patent and Trademark Office ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including computer programs

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed ■ DURATION: For individual creator, lifetime plus 70 years; for cinematographic, photographs, performances, and broadcasts, 50 years after first published; for works first published more than 60 but less than 70 years after the author’s death, 10 years from publication

HONG KONG S.A.R. ■ COPYRIGHT REGISTRY: Trade Marks and Patent Office, Intellectual Property

Department ■ RIGHTS PROTECTED: Literary, artistic, musical, and dramatic works, including performances, films, broadcasts, and computer programs

■ SPECIAL DOCUMENTARY REQUIREMENTS: No registration ■ DURATION: For individual creator, lifetime plus 50 years; for performances, 50 years from end of year of performance

JAPAN

■ COPYRIGHT REGISTRY: Japanese Patent Office (JPO) ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including performances, broadcasts, films, and computer programs

■ SPECIAL DOCUMENTARY REQUIREMENTS: None ■ DURATION: For individual creator, lifetime plus 50 years

MEXICO

■ COPYRIGHT REGISTRY: Mexican Institute of Industrial Property (IMPI) ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including performances, broadcasts, films, and computer programs

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney notarized

■ DURATION: For individual creator, lifetime plus 100 years for works after 2003

UNITED KINGDOM

■ COPYRIGHT REGISTRY: None; rights are automatic ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including performances, sound recordings, broadcasts, films, and computer programs

■ SPECIAL DOCUMENTARY REQUIREMENTS: None ■ DURATION: For individual creator, lifetime plus 70 years; for cinematographic works, 70 years after death of last surviving principal involved with the film; for sound recordings and broadcasts, 50 years

UNITED STATES

■ COPYRIGHT REGISTRY: US Copyright Office, Library of Congress ■ RIGHTS PROTECTED: Literary, artistic, dramatic, and musical works, including performances, sound recordings, computer programs, broadcasts, and films

■ SPECIAL DOCUMENTARY REQUIREMENTS: For foreign work, one copy of work; for US work, two copies of work ■ DURATION: For individual creator, lifetime plus 70 years; for works by company employees, anonymous works, and pseudonymous works, earlier of 95 years from publication or 120 years from creation

Local Trademark Laws

ARGENTINA

■ TRADEMARK REGISTRY: National Trademark Registry, National Institute of

Intellectual Property, Ministry of Economic Affairs, Public Works and Public

Services ■ RIGHTS PROTECTED: Trademarks for goods and services; registration of famous mark can be nullified if third party proves that registrant knew or should have known that it was owned by another person or that it was registered for purposes of selling it to another person ■ CLASSIFICATION: International; single-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney notarized; if priority is claimed, certified copy of the application or registration on which the priority claim is based ■ DURATION: 10 years initially; 10-year unlimited renewals ■ USE REQUIREMENTS: Interested third party may seek cancellation of a trademark based on the owner’s nonuse during the five consecutive years prior to the date of filing for cancellation

AUSTRALIA

■ TRADEMARK REGISTRY: Trademark Office, IP Australia, Department of

Industry, Science, and Resources ■ RIGHTS PROTECTED: Trademarks for goods and services; first to use can assert rights over first to register; overseas use will protect mark if it has created reputation in mark that extends to Australia ■ CLASSIFICATION: International; multi-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed ■ DURATION: 10 years initially; 10-year unlimited renewals ■ USE REQUIREMENTS: Interested third party may seek cancellation based on owner’s nonuse for three consecutive years after registration and prior to the cancellation request

BRAZIL

■ TRADEMARK REGISTRY: National Industrial Property Institute (INPI),

Ministry of Industry, Commerce, and Tourism ■ RIGHTS PROTECTED: Trademarks for goods and services; internationally wellknown marks are protected without registration, and protection of well-known marks extends to all classes ■ CLASSIFICATION: International; multi-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; affidavit of applicant’s status and scope of business ■ DURATION: 10 years initially; 10-year unlimited renewals ■ USE REQUIREMENTS: Interested third party may seek cancellation based on owner’s nonuse for five consecutive years after registration and prior to the cancellation action

CANADA

■ TRADEMARK REGISTRY: Trade Marks Office, Canadian Intellectual Property

Office (CIPO), Department of Industry ■ RIGHTS PROTECTED: Trademarks for goods and services; well-known marks are protected if they have been “made known” in Canada ■ CLASSIFICATION: No classifications in effect

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; if priority is claimed, copy of application or registration on which the priority claim is based ■ DURATION: 15 years initially; 15-year unlimited renewals ■ USE REQUIREMENTS: Affidavit of use is required; marks not in use are expunged from the Register

CHINA

■ TRADEMARK REGISTRY: Trademark Office, State Administration for Industry and Commerce (SAIC) ■ RIGHTS PROTECTED: Trademarks for goods and services; famous mark designation may be granted by SAIC ■ CLASSIFICATION: International; single-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; if priority is claimed, certified copy of the application or registration on which the priority claim is based ■ DURATION: 10 years initially; 10-year unlimited renewals ■ USE REQUIREMENTS: Registration may be cancelled for non-use

EGYPT

■ TRADEMARK REGISTRY: Administration of Commercial Registration,

Ministry of Supply and Internal Trade ■ RIGHTS PROTECTED: Trademarks for goods and services ■ CLASSIFICATION: International; single-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney legalized by

Egyptian Consulate; if applicant is a corporate entity, certified copy of Certificate of Incorporation or extract of entry in Commercial Register showing status, ownership, and business of entity; if priority is claimed, certified copy of the application or registration on which the priority claim is based ■ DURATION: 10 years initially; 10-year unlimited renewals ■ USE REQUIREMENTS: Interested third party may seek cancellation based on owner’s nonuse for five consecutive years after registration and prior to the cancellation action

GERMANY

■ TRADEMARK REGISTRY: German Patent and Trademark Office ■ RIGHTS PROTECTED: Trademarks for goods and services ■ CLASSIFICATION: International; multi-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; if priority is claimed, copy of the application or registration on which the priority claim is based ■ DURATION: 10 years initially; 10-year unlimited renewals ■ USE REQUIREMENTS: Interested third party may seek cancellation based on owner’s nonuse for five consecutive years after registration and prior to the cancellation action

HONG KONG S.A.R. ■ TRADEMARK REGISTRY: Trade Marks and Patent Office, Intellectual Property

Department, Ministry of Industry and Trade

■ RIGHTS PROTECTED: Trademarks for goods and services; famous marks are protected if known in Hong Kong ■ CLASSIFICATION: International; single class application ■ SPECIAL DOCUMENTARY REQUIREMENTS: If priority is claimed, certified copy of the application or registration on which the priority claim is based ■ DURATION: Seven years initially; 14-year unlimited renewals ■ USE REQUIREMENTS: Interested third party may seek cancellation based on owner’s nonuse for five consecutive years after registration and prior to the cancellation action

JAPAN ■ TRADEMARK REGISTRY: Japanese Patent Office (JPO) ■ RIGHTS PROTECTED: Trademarks for goods and services; famous marks are protected if known in Japan ■ CLASSIFICATION: International; single-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney simply signed; if priority is claimed, certified copy of the application or registration on which the priority claim is based ■ DURATION: 10 years initially; 10-year renewal periods ■ USE REQUIREMENTS: Interested third party may seek cancellation based on owner’s nonuse for three consecutive years after registration and prior to the cancellation action.

MEXICO

■ TRADEMARK REGISTRY: Mexican Institute of Industrial Property (IMPI) ■ RIGHTS PROTECTED: Trademarks for goods and services ■ CLASSIFICATION: International; single-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: Power of attorney signed and witnessed; if priority is claimed, copy of the application or registration on which the priority claim is based ■ DURATION: 10 years initially; 10-year renewal periods ■ USE REQUIREMENTS: Interested third party may seek cancellation based on owner’s nonuse for five consecutive years after registration and prior to the cancellation action

UNITED KINGDOM

■ TRADEMARK REGISTRY: The Patent Office, Ministry of Trade and Industry ■ RIGHTS PROTECTED: Trademarks for goods and services ■ CLASSIFICATION: International; multi-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: If priority is claimed, copy of the application or registration on which the priority claim is based ■ DURATION: 10 years initially; 10-year renewal periods

■ USE REQUIREMENTS: Interested third party may seek cancellation based on owner’s nonuse for 5 consecutive years after registration and prior to the cancellation action

UNITED STATES

■ TRADEMARK REGISTRY: United States Patent and Trademark Office (USPTO), US Department of Commerce ■ RIGHTS PROTECTED: Trademarks for goods and services ■ CLASSIFICATION: International; multi-class application

■ SPECIAL DOCUMENTARY REQUIREMENTS: If based on use, specimen showing mark as used in US federal commerce; if based on foreign registration, certified copy of the registration with English translation; if priority is claimed, copy of the application or registration on which the priority claim is based ■ DURATION: 10 years initially; 10-year renewal periods ■ USE REQUIREMENTS: Declaration of use prior to issuance of initial registration; declaration of use between fifth and sixth year of term; affidavit of use with renewal application