us-uspto-tmep-tmep-9025-appx-e•TMEP appx e
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Appendix E 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 1
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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 2 TRADEMARK MANUAL OF EXAMINING PROCEDURE
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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) EUROPEAN UNION TRADEMARK (formerly COMMUNITY TRADEMARK (CTM)) 3 TRADEMARK MANUAL OF EXAMINING PROCEDURE
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