Trademarks are governed by the following:

• Chapter II, the Industrial Property Law (Articles 29 to 40)
• Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
• Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
• Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

Trademarks are governed by the Trademark Law – Law 22,362, as amended.

In addition, trademarks are protected by the rules included in Trips Agreement and in the Paris Convention.

Australian trademark law is sourced from the Trade Marks Act 1995 (Cth) (TMA) as well as common law use-based rights, which provide protection for unregistered rights under the common law tort of passing off.

Trade practices legislation, principally Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (CCA), provides additional remedies to trademark owners of registered and unregistered trademarks.

Registered trademarks may be signified through use of the ® symbol. Unregistered trademarks may be signified through use of the TM symbol.

Australia is a party to the Trademark Law Treaty, the Madrid System, the Singapore Treaty on the Law of Trademarks, and the Nice Agreement.

The Austrian Trademark Act (Markenschutzgesetz) protects registered trademarks. Non-registered trademarks, in Austria termed "signs," may have protection according to Article 9 of the Austrian Act on Unfair Competition.

Austria became a member of the Madrid Agreement in 1909 and Madrid Protocol in 1999. Austria signed the Trademark Law Treaty in 1994.

Benelux trademarks are governed by the Benelux Convention on Intellectual Property of February 25, 2005. An update thereof was effected through the implementation of the Directive (EU) 2015/2436 of the European Parliament and of the Council of December 16, 2015 to approximate the laws of the Member States relating to trademarks. This Directive has been implemented pursuant to a protocol signed by the Benelux member states on December 11, 2017 in the Benelux Convention on Intellectual Property and has entered into force on March 1, 2019.

In respect of European Union trademarks (EUTM), the last update occurred with Regulation (EU) 2015/2424 of the European Parliament and of the Council of December 16, 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs), which came into force on March 23, 2016 and, for a number of provisions, on October 1, 2017. Most notably, it included a name change for the traditional Community trademarks (CTM) to European Union trademarks (EUTM) as well as a name change for the OHIM to EUIPO. Considering the multiple and substantial amendments, Council Regulation (EC) No 207/2009 has now been codified in Council Regulation (EC) No 2017/1001 of June 14, 2017 on the European Union trade mark.

Trademarks are governed by the Federal Constitution (Article 5, XXIX) and Federal Law no. 9,279/96 (the Industrial Property Law).

Brazil is a signatory to the Madrid Protocol since 2019.

Brazil is not a party to the Trademark Law Treaty of 1994.

The Canadian Trademarks Act codifies the common law tort of passing off and accords further rights to registered trademark owners. Owners of registered trademarks receive additional protection against use of their mark in a manner that is likely to depreciate the value of the goodwill attaching to the mark and against use by others of a confusing trademark or trade name.

All trademarks, whether registered or not, are protected under the common law tort of passing off. Protection under common law arises when the mark has acquired a reputation or goodwill in the marketplace.

Registration of a trademark is available at the federal level and grants the owner of the registered mark the exclusive right to use the mark throughout Canada in association with the goods and services in the registration.

Canadian law does not explicitly require the use of symbols to denote trademark usage. However, “TM” is conventionally used to signify that a mark, whether registered or unregistered, is a trademark, and “®” symbolizes a registered trademark. The equivalent symbols in French are “MC” for unregistered marks and “MD” for registered marks.

In 2019, Canada formally acceded to the Singapore Treaty, the Madrid Protocol and the Nice Agreement. As a result, trademark owners in Canada can apply for trademark protection in more than 100 jurisdictions through a single application, in 1 language, with 1 set of fees and in 1 currency. Goods and services identified in a Canadian trademark application must be classified according to the Nice Classification system.

(a) At the national level: Law No. 19,039 on Industrial Property.

(b) At the international level: WIPO Trademark Law Treaty.

The authority responsible for registration is the National Institute of Industrial Property (INAPI). After registration, any mark used in commerce must visibly display the words "Marca Registrada" or the initials "M.R." or the letter "R" within a circle. The omission of this does not affect the validity of the registered trademark but deprives the rights holder of the power to enforce criminal penalties. Using a brand not registered with these indications (“M.R.” or “R” within a circle, or its simulation) for commercial purposes is punished with fines up to UTM1,000 (UTM is an inflation-based accounting currency; UTM1,000 is equivalent to approximately USD70,000).

China recently amended the Trademark Law, which will become effective as of November 1, 2019.

The PRC Trademark Law and its Implementing Regulations are primary legislations. Judicial interpretations issued by the Supreme People's Court also provide detailed rules in respect of application of the Trademark Law.

China became party to Paris Convention in 1985. China became member of the Madrid Agreement in 1989 and a member of the Madrid Protocol in 1995.

Trademarks are governed by Decision 486 of 2000 issued by CAN and by the Sole Circular issued by the Superintendency of Industry and Trade. In addition, Colombia became party to the Paris Convention for the Protection of Industrial Property, Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and Trademark Law Treaty (TLT).

Trademarks are governed by the Trademarks Act.

Trademarks are governed by:

• The Trademark Act (LBK 88 29/01/2019) based on the EU Directive 2015/2436/EU. The Act allows a trademark right to be obtained through registration or use

• Executive Order on Application and registration etc. of trademarks (BKG 1685 18/12/2018)

• The Act concerning amendment of the Trademark Act and various other acts and termination of the Act on Standardization Marks (LOV 1533 18/12/2018)

• Regulation (EU) 2017/1001 of the European Parliament and of the Council of June 14, 2017 on the European Union trade mark 

• Directive (EU) No 2015/2436 of the European Parliament and the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks

Denmark signed the Paris Convention in 1894.

Denmark has also signed the Trade Related Aspects of Intellectual Property Rights (TRIPS), the Trademark Law Treaty (TLT), the Nice Arrangement and the Madrid Agreement and Protocol.

The Finnish Trademark Act and the Finnish Trademarks Decree govern the protection of both unregistered and registered national trademarks. An unregistered trademark is protected only if it may be considered widely known among the relevant consumer group at which it is directed.

The Finnish Trademark Act and the Finnish Trademarks Decree were recently revised; the revised Act and Decree came into force in 2019. The objective of the revision was to implement the amendments required by the EU Trademark Directive 2015/2436. An additional objective was the ratification of the Singapore Treaty on the Laws of Trademarks.

The Finnish Penal Code also governs trademark infringement crimes.

The European Council Regulation on the European Community trademark governs the use and registration of European Community trademarks.

Finland is a member of the Madrid Protocol, Trademark Law Treaty and Singapore Treaty on the Law of Trademarks as well as a signatory of the Paris Convention, TRIPS Agreement and the Nice Agreement.

Trademarks are governed by Part VII of the French Intellectual Property Code including notably:

1. Law No. 64-1360 on Trademarks and Services Marks, dated December 31, 1964; Law No. 91-7 on Trademarks and Services Marks, dated January 4, 1991; and Law No. 2014-315 Reinforcing the Fight Against Counterfeiting, dated March 11, 2014 and
2. EU Regulation 2017/1001 and Directive 2015/2436 on the European Union Trademark, dated December 16, 2015.
3. The reform of trademark law resulting from the transposition of the "trademark package" was implemented by Order No. 2019-1169 of November 13, 2019 and its implementing decree. These texts largely modify the provisions of Part VII of the Intellectual Property Code to create a new trademark law.

France became a member of the Madrid Agreement in 1892.

France became a member of the Madrid Protocol in 1997.

France became party to the Trademark Law Treaty in 1995.

The German Trademark Act (Markengesetz) governs national trademarks and Union Trademark Regulation governs Union Trademarks. The national laws of the EU member states are harmonized to a high degree.

Germany became party to the Paris Convention in 1903, to the Madrid Agreement in 1922 and to the Madrid Protocol in 1996.

Germany became party to the Trademark Law Treaty in 2004.

The Trade Marks Ordinance (Cap. 559) governs trademarks. Hong Kong is not a member of the Madrid Protocol, the international trademarks registration system. The Trade Marks (Amendment) Ordinance 2020, which amended the Trade Marks Ordinance, was gazetted in June 2020, and provides a basis for the application of the Madrid Protocol in Hong Kong. The relevant provisions implementing the Madrid Protocol in Hong Kong are expected to come into operation in 2023. Once it is fully implemented, trademark owners in other Madrid Protocol member jurisdictions will be able to designate Hong Kong in international trademark applications filed through the Madrid Protocol and vice versa.

Act No. 11 of 1997 on the Protection of Trademarks and Geographical Indications.

As a result of its membership of the European Union, the following law applies in Hungary:

i. The Trademark Directive

ii. The Trademark Regulation

India is a signatory to the Madrid Protocol, and the law governing trademarks in India is the Trade Marks Act, 1999.

Law Number 20 of 2016 on Trademarks and Geographical Indication as amended by Law Number 11 of 2020 on Job Creation (Trademark Law) is the governing statute on trademarks. Indonesia became a signatory to the Trademark Law Treaty in 1997.

In Ireland:

• Irish registered trademarks are governed by the Trade Marks Act 1996 (as amended) and
• European Union Trade Marks are governed by Regulation EU/2017/1001

Ireland ratified the Madrid protocol in 2001 and became a signatory to the Trademark Law Treaty in 1999.

Accordingly, trademarks can be registered nationally in Ireland or at a European level, which affords the registered owner protection on a pan-European basis.

For unregistered trademarks and logos, it is possible to obtain legal protection under the common law tort of passing off.

Trade Marks Ordinance (New Version) 1972 is the governing statute; rights in unregistered trademarks may also be enforced by means of the tort of passing off under the Commercial Torts Law 1999.

Sections 2569 to 2574 of the Italian Civil Code and Section 7 and subsequent of the Industrial Property Code regulate the protection of trademarks.

EU Regulation No. 1001 of 2017 applies to EU trademarks.

Italy is also party to the main community and international trademark treaties and conventions, such as the Paris Convention, Madrid Agreement and Protocol, Nice Agreement and TRIPS Agreement.

The Trademark Act (Act No. 127 of 1959) governs trademarks.

Japan joined the Madrid Protocol in 2000.

Japan joined the Trademark Law Treaty in 1997.

There is no Luxembourg trademark system per se. Luxembourg is party to the Benelux Convention, and as such, Benelux trademarks are in effect in Luxembourg alongside EU trademarks and international trademarks designating Benelux.

Trademarks are governed by the Benelux Convention on Intellectual Property of 25 February 2005 as approved by the Law of 16 May 2006, as amended.

The Directive (EU) 2015/2436 of the European Parliament and the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks has been implemented in Luxembourg through the Law of November 17, 2016 and the Law of July 20, 2018 approving the protocol amending the Benelux Convention in the field of intellectual property.

Furthermore, as far as EU trademarks are concerned, Regulation (EU) 2015/2424 of the European Parliament amending Council Regulation (EC) No 207/2009 on the Community trademark and Community Regulation (EC) No 40/94 on the Community trademark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market, has now come into force. Most notably, it included a name change for the traditional Community marks to European Union marks as well as a change from the traditional OHIM to EUIPO.

Finally, the European Union trademark regime, which is applicable across all EU Member States, is regulated by Regulation (EU) 2017/1001 of the European Parliament and of the Council of June 14, 2017; Commission Delegated Regulation (EU) 2018/625 of March 5, 2018 supplementing Regulation (EU) 2017/1001 regulate the European trademark regime, which is applicable across all EU Member States; and Commission Implementing Regulation (EU) 2018/626 of March 5, 2018 lays down detailed rules for implementing certain provisions of Regulation (EU) 2017/1001.

Trademarks are governed by the Fourth Title of the Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial).

Benelux Convention on Intellectual Property governs Benelux trademarks, the European Union Trademark Regulation (EU/2017/1001) of 2017 and European Union Trademark Directive (EU//2015/2436) of 2015 both cover European Union trademarks (also applicable in the Benelux territory).

The Trade Marks Act 2002 governs registered trademark rights. Registered marks are signified by the symbol ®, and the ™ symbol can be used to indicate a trader's intention to register a mark as a trademark. Trademark owners have the exclusive right to use, license or sell the trademark and can prevent others from using the same mark, or a similar mark, usually in relation to the same or similar goods and services.

The Fair Trading Act 1986 and the common law tort of "passing off" provide additional remedies to trade mark owners of registered and unregistered marks.

New Zealand is a party of the Madrid Protocol, Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, Singapore Treaty on the Law of Trademarks, TRIPS Agreement and Nice Agreement Concerning the International Classification of Goods and Services for the Purpose of Registration of Marks.

• Trade Marks Act 1965
• The Trademarks Regulation 1967 (and amendments thereto)

Priority

Nigeria is a signatory to the Paris Convention. Section 44 of the Nigerian Trademark Act provides for the registration of trademarks based on foreign priority. However, Nigeria has yet to declare or specify convention countries in its gazette in order to acquire statutory recognition. While the registrations may be processed, their enforceability at this point in time is in doubt.

Norway has implemented the Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trademarks.

Norway has adopted changes in the Norwegian Trademark Act in order to implement Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks. The Directive is more technology-neutral in terms of what may be registed as a trademark, and the previous requirement that the trademark must be able to be “reproduced graphically” will be removed.

Other changes include the following:

• A trademark registration may be valid even if it acquired distinctive character after the application date.
• Introduction of “bad faith” as absolute ground for refusal.
• Non-use can be used as a defense in the same case as an invalidity or objection case.
• Trademarks in black and white no longer have protection for all colors.
•  Possibility to mortgage a trademark separately.

The changes will enter into force March 1, 2023. Alongside the new changes, Norway will also sign the Singapore Treaty.

Norway has additionally signed the Paris Convention, the TRIPS Agreement, the Madrid Protocol and the Nice Agreement.

Trademarks are governed by the Industrial Property Law (Legislative Decree No. 1075).

The IPC provides protection for marks in general.

Registered marks are signified by the symbol ®. To indicate that a visual sign is being used as a mark, the symbol ™ may be used.

Republic Act No. 8203, or the Special Law on Counterfeit Drugs, considers as counterfeit the drug itself, or the container or labeling thereof bearing without authorization the trademark, trade name or other identification that is owned or registered in the name of another person.

The Philippines ratified the Madrid Protocol on March 27, 2012 and came into force in the country on July 25, 2012.

In Poland, a trademark owner may pursue claims on the basis of the Industrial Property Law and the Act on Combating Unfair Competition.

In the case of EU trademarks, EU Regulation 2017/1001 of June 14, 2017 on the European Union trade mark applies.

Poland is also a signatory of the Madrid Agreement (since March 18, 1991) and the Madrid Protocol (since March 4, 1997).

Trademarks are governed by:

• Title II, Chapter IV of the Industrial Property Code (Articles 208 to 269)
• Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trademark

Portugal became party to the Paris Convention in 1884.

Portugal became member of the Madrid Agreement in 1893.

Portugal became member of the Madrid Protocol in 1997.

Law no. 84 of March 30, 1998 on trademarks and geographical indications provides protection for registered marks.

Romania became a member of the Madrid Protocol in 1989 and the Trademark Law Treaty in 1998.

Part IV of the Russian Civil Code governs trademarks.

Russia is a member of the Singapore Treaty and Madrid Convention and Protocol.

With effect from September 29, 2016, the KSA adopted the GCC Trademark Law (Law No. 1/1437 of 13 Dhu'l-Hijjah 1437 H, corresponding to September 29, 2016) and its Implementing Regulations (GCC Trademark Law). The GCC Trademark Law replaces the former KSA Trademark Law that was in place since 2002.

Note that the GCC Trademark Law does not establish a unitary registration system – it contains a single set of provisions which apply across all GCC countries, but it does not envisage a single registration or enforcement system (ie, a GCC mark will still require 6 separate, national applications).

Trade mark registration in Singapore is governed by the Trade Marks Act 1998. It is not compulsory to register a trade mark in Singapore. One may also rely on rights under the common law doctrine of "passing off" to protect a trade mark.

The Singapore Treaty on the Law of Trademarks was adopted on March 27, 2006 and came into force on March 16, 2009. Singapore acceded to the Madrid Protocol on July 31, 2000, and it came into force in Singapore on October 31, 2000. This means that an entity can file one single trademark application in Singapore and extend the trademark protection to multiple jurisdictions. Similarly, trademark owners in other Madrid Protocol member jurisdictions can extend their trademark protection to Singapore.

Applicants may file trademark registration across multiple goods and services. Prior to the passing of the Intellectual Property (Amendment) Act 2022, if the trademark examiner had objections to the application in respect of some of the goods or services, these objections may hold up the whole application. However, the Intellectual Property (Amendment) Act 2022 now allows the IPOS to partially accept an application, ie, to allow registration of trademark in respect of the goods and services that have not received any objections.

The Slovak Act No. 506/2009 Coll. on trademarks, as amended (Act on Trademarks) governs the rights and obligations relating to the legal protection of national trademarks and trademark proceedings in front of the Industrial Property Office of the Slovak Republic (Industrial Property Office).

Slovakia, as a member of the European Union, implemented EU directives on the trademarks into the Act on Trademarks. Therefore, the registration of an EU trademark in the EU register has the same effect in the territory of the Slovak Republic as if the trademark was registered in the Slovak register of trademarks. The Slovak Republic is signatory of several international agreements as well, including:

• Paris Convention
• Madrid Agreement
• Nice Agreement
• Trademark Law Treaty

Protection of trademarks is governed by the TMA and the UCPA.

In Spain, the main law regulating trademark protection is the Law 17/2001 on Trademarks, modified by Royal Decree-Law 23/2018 (changes effective from January 14, 2019). Spanish Patents and Trademarks Office (Oficina Española de Patentes y Marcas) has the authority to grant trademarks as well as patents.

The "International System" comprises the Madrid Agreement of 1891 and the Protocol to the Madrid Agreement of 1989 administered by the World Intellectual Property Organization (WIPO). Since it is not, strictly speaking, an international registration, the applicant must designate the countries in which they wish to obtain protection.

The European Union Trademark system provides a single registration which confers direct protection in all the Member countries of the European Union through a single application and a unitary procedure.

The Swedish Trademark Act (2010:1877) (Varumärkeslag) pertains to the protection of unregistered and registered Swedish trademarks. An unregistered mark is protected if it becomes known as a trademark for the goods or services provided under the mark to a significant part of the relevant public.

Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trademark.

Sweden became member of the Madrid Protocol in 1995. Sweden became party to the Trademark Law Treaty in 1995.

Sweden acceded the Singapore Treaty on the Law of Trademarks in 2011.

Sweden has also signed the Paris Convention, the TRIPS Agreement and the Nice Agreement.

Trademarks (and indications of source) are governed by the Federal Trademark Protection Act and Federal Ordinance on Trademarks. Switzerland is also a member of the Madrid Agreement and the Madrid Protocol.

The Trademark Act was promulgated on May 6, 1930. Taiwan is a member of WTO and follows the TRIPS. However, Taiwan is not a member of the Madrid Protocol.

The grant of a trademark is based on the registration of a trademark with the Intellectual Property Office, Ministry of Economic Affairs.

The trademark rights in Ukraine are regulated by the Civil Code of Ukraine dated January 16, 2003 along with the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" dated December 15, 1993. In addition, Ukraine is a member to the Paris Convention for the Protection of Industrial Property, Trademark Law Treaty, the Singapore Treaty on the Law of Trademarks and the Madrid Agreement Concerning the International Registration of Marks and Madrid Protocol.

Trademarks are governed by Federal Law No. 37 of 1992 as amended by Federal Law No. 8 of 2002 as amended (Trademark Law).

The UAE is party to the Paris Convention and the TRIPS Agreement. The UAE is not party to the Madrid Protocol.

The United Kingdom became member of the Madrid Protocol in 1995.

The United Kingdom became party to the Trademark Law Treaty in 1996.

Trademarks are governed by the Trade Marks Act 1994, as amended.

The Lanham Act provides federal protection for unregistered and registered marks. Registered marks are signified by the symbol ®. Federal registration requires use in interstate commerce.

Common law marks are enforced by state law and are signified by the symbol ™.

State registrations are available for marks used in individual states.

The US became a member of the Madrid Protocol in 2003 and to the Trademark Law Treaty in 2009.