Trademarks are not something you can simply “rest easy about once they’re registered.” Even after registration, there are “maintenance obligations” that vary by country, and failure to comply with these can result in the cancellation or expiration of the rights you’ve worked so hard to obtain. For companies that hold a large number of trademarks overseas, understanding each country’s “post-registration system” is vital to protecting their brands.
In this article, a patent attorney has conducted a cross-jurisdictional survey of approximately 50 jurisdictions worldwide and compiled a summary—in the form of a table with explanations—covering: (1) proof of use and declarations of use (in countries where, like the U.S., you must proactively submit them), (2) renewal, (3) cancellation for non-use, and (4) other post-registration obligations.All sources are clearly cited, and points requiring local verification or those that are ambiguous are indicated with asterisks (*).
Table of Contents
To maintain trademark rights, the following three procedures are typically required after registration:
① Renewal: Generally every 10 years. This is the most basic maintenance procedure.
② Submission of proof of use or a declaration of use: In some countries, you must submit this “on your own initiative” at specified intervals.
③ Continued use (to prevent cancellation for non-use): If the trademark is not used for a certain period, it may be canceled by a third party.
Of these, items ② and ③ vary significantly by country, and overlooking them can have serious consequences. Let’s examine them in order.
| Category | Details | Representative Countries |
|---|---|---|
| ① U.S. Model (Proactive Submission of Proof of Use) | The registrant must proactively submit a declaration of use by a specified deadline. Failure to do so results in cancellation | United States, Mexico, the Philippines, Argentina, Cambodia |
| ② European Model (No Submission Required; Proof Required in Case of Dispute) | No periodic filing is required. The trademark is subject to cancellation for non-use after a certain period; proof of use must be provided in the event of a dispute | Most of Europe, Japan, China, South Korea, most of the Middle East and Africa, Australia, New Zealand (= majority) |
| ③ Model linked to renewal | A simple declaration of use (no evidence required) is required at the time of renewal | Indonesia |
💡 Key Point: “Countries that proactively require proof of use, like the U.S.,” are in the minority worldwide. However, overlooking this minority can result in automatic cancellation, so managing country-specific deadlines is critically important.
Before moving on to the table, let’s break down the terminology used in this article in simple terms. Reading this section first will make the table much easier to understand.
Renewal
This is the procedure for extending the validity period of a trademark right. In many countries, this is done every 10 years. If you let the deadline pass without taking action, your rights will
expire. Even / Example: Think of it like renewing a driver’s license. If you don’t complete the procedure when the deadline arrives, it will expire.
Term of Validity
The period during which a trademark right is valid. In many countries, this is 10 years from the date of registration (or filing). By renewing, the term can be extended indefinitely—it is not subject to an automatic expiration after 20 years, as is the case with patents.
Grace Period
This is a grace period during which you can renew your trademark even if you accidentally miss the renewal deadline, provided you pay an additional fee within a certain timeframe (usually 6 months). However, the length varies by country, and some countries have shorter periods (e.g., the UAE has 3 months, and Kenya has approximately 30 days).
Periodic Declaration (= Declaration of Use / Proof of Use)
This is a procedure in which you voluntarily declare and prove to the patent office at specified intervals that “this trademark is being used properly.” It is required in the U.S., Mexico, the Philippines, and other countries. If you fail to submit this declaration, your registration will be canceled—even if you are actually using the trademark.
Example: “Periodic Report of Use.” Since your rights will be forfeited if you forget to submit this, it is the procedure that requires the most attention.
Non-Use / Cancellation for Non-Use
A registered trademark that has not been used for a certain period (3 or 5 years) may be canceled upon request by a third party. This is called “cancellation for non-use.” The underlying principle is, “If you have no intention of using it, make way for others.”
Example: The English saying “Use it or lose it.” Trademarks left gathering dust in a warehouse are difficult to protect.
Genuine Use
This means actually using the trademark in commerce, not just going through the motions or using it in name only. When the trademark is contested in a cancellation for non-use or an infringement lawsuit, “evidence of proper use” is required. Example
: Evidence of selling only a few items may be deemed insufficient. Actual, ongoing sales and advertising are necessary.
Recordal (Registration of Assignment or License)
This is the procedure for recording the sale (assignment) of a trademark or a contract allowing another company to use it (license) in the Japan Patent Office’s registry. Example
: It is similar to “registering” the sale of real estate. Failure to record it may lead to problems later.
Requirements for Legal Effect vs. Requirements for Third-Party Opposability (Note the difference)
Validity Requirement = Unless registered, the transfer or license itself has no legal effect (e.g., Russia, Vietnam, Myanmar). Third-Party Opposability Requirement = The transfer or license is valid between the parties, but without registration, the owner cannot assert ownership against third parties.
Registered User
This is a system for recording the licensee (the party being granted the license) in the registry. In some countries (such as Kenya, South Africa, and Nigeria), if this is not registered, the licensee’s use cannot be used as “evidence of use of one’s own trademark” to defend against cancellation for non-use.
Address for Service
This refers to having an address or a representative within that country or region to receive notifications from the patent office. In some countries (such as Hong Kong, Australia, New Zealand, and Egypt), proceedings cannot proceed without this.
Madrid Protocol / §71
This is a convenient system that allows you to file trademark applications in multiple countries simultaneously through a single international application. However, if the United States is designated, a separate “§71” declaration of use must be submitted; failure to do so will result in cancellation (you must remain vigilant even under the Madrid Protocol).
§8 Affidavit (U.S.) / §45 (Canada)
U.S. §8 = A declaration of use filed periodically (in the 5th–6th year, 9th–10th year, and every 10 years thereafter). Canadian §45 = A summary non-use procedure triggered by a third-party claim or similar request to “provide evidence of use” (this is not a periodic filing).
GCC Unified Trademark Law
These are the common trademark rules adopted in 2016 by the Gulf Cooperation Council (GCC; UAE, Saudi Arabia, Qatar, Kuwait, etc.). Member states operate under the same framework (10-year term of registration, 5-year non-use period, no periodic declarations required).
Andean Community / Decision 486
A supranational intellectual property rule (common standard) shared by four countries: Colombia, Peru, Ecuador, and Bolivia. The period for cancellation due to non-use is three consecutive years across all four countries. A key feature is that use in one country protects rights in the other member countries as well.
OAPI / ARIPO (African Regional Registration)
OAPI: A single registration covers all 17 French-speaking African countries as a single unit (it cannot be divided by country). Use in one country protects the entire region. ARIPO: A system where the countries for which protection is sought are “designated” at the time of application; the treatment of cancellation and non-use is governed by the domestic laws of each designated country.
Comparable UK Marks (United Kingdom)
Following the United Kingdom’s withdrawal from the EU (Brexit), these are UK trademark rights automatically replicated from the existing EU trademark (EUTM). It is necessary to ensure continued use in the UK separately from the EU portion.
TPTO Administrative Cancellation (Turkey / 2024–)
In Turkey, starting in January 2024, cancellations based on grounds such as non-use can be processed through administrative procedures at the Turkish Patent and Trademark Office (TPTO) rather than in court. This is a significant systemic change that makes the process more accessible and expeditious.
Chile: “First Introduction of Cancellation for Non-Use Under the 2022 Law”
Until the new Industrial Property Law (Law 21.355) took effect in May 2022, Chile did not have a system for cancellation due to non-use at all. This means that the new law introduced “cancellation for five years of non-use” for the first time.
💡 Just remember this: Trademarks are maintained through three steps: ① Renewal (extending the term), ② Declaration of Use (reporting “in use” in some countries), and ③ Continued Use (failure to use results in cancellation for non-use). Let’s look at the differences by country in the table below.
The following are representative countries that require the submission of proof of use or a declaration of use after registration. The deadlines for submission vary significantly by country.
| Country | System | Submission Deadline | Consequences of Non-Submission |
|---|---|---|---|
| 🇺🇸 United States | §8 Declaration (Section 9 for renewal / Section 71 for the Madrid Protocol) | Registration: 5–6 years / 9–10 years / every 10 years thereafter | Cancellation |
| 🇲🇽 Mexico | Declaration of Use | Within 3 months of the 3rd anniversary of registration + at the time of renewal | Automatic cancellation |
| 🇵🇭 Philippines | DAU (Declaration of Actual Use) | 3 years from filing / 5th anniversary of registration / 1 year after renewal | Cancellation |
| 🇦🇷 Argentina | Interim Declaration of Use | 5th–6th year of registration | Presumption of Non-Use + Renewal Block |
| 🇰🇭 Cambodia | Affidavit of Use/Non-Use | Within 1 year after the 5th registration anniversary + even after renewal | Automatic Cancellation (Strict enforcement starting in 2023) |
| 🇮🇩 Indonesia | Declaration of Use (required upon renewal) | Only at the time of renewal (no evidence required) | Renewal not accepted |
| (For reference—not covered in this article) | Mozambique = Declaration of Intent to Use / Liberia, etc. | — | — |
Don’t Let Your Guard Down Even via the Madrid System: Even if you register a trademark overseas through the Madrid Protocol, you are not exempt from the obligation to file a declaration of use in countries such as the United States (§71), Mexico, and Cambodia. The misconception that “since it’s the Madrid Protocol, centralized management is sufficient” is a typical cause of trademark cancellation.
Legend: “Periodic Declaration” = Proactive submission of U.S.-style proof of use / “Non-use” = Vulnerable period for cancellation due to non-use
| Country | Periodic Declaration | Term of Validity / Renewal Grace Period | Non-use | Special Notes |
|---|---|---|---|---|
| 🇺🇸 United States | Yes | 10 years / 6 months | 3 years | §8/§9/§71; foreign applicants must appoint a U.S. attorney |
| 🇨🇦 Canada | None | 10 years (formerly 15 years)/6 months | 3 years | The declaration of use was abolished by the 2019 amendment. §45 requires proof of non-use |
| 🇲🇽 Mexico | Yes | 10 years / 6 months | 3 years | Declaration on the 3rd anniversary + declaration at renewal |
| 🇧🇷 Brazil | None | 10 years / 6 months | 5 years | Local Agent Required |
| 🇦🇷 Argentina | Yes | 10 years / 6 months | 5 years | Declaration of Intermediate Use |
| 🇨🇱 Chile | None | 10 years / 6 months | 5 years | The 2022 law introduced the cancellation of non-use for the first time (the previous law had no cancellation system) |
| 🇨🇴 Colombia | None | 10 years / 6 months | 3 years | Andean Community (Decision 486)—protection throughout the region based on use in any one member country |
| 🇵🇪 Peru | None | 10 years / 6 months | 3 years | Andean Community (as above) |
| 🇪🇨 Ecuador | None | 10 years / 6 months | 3 years | Andean Community (as above) |
| 🇧🇴 Bolivia | None | 10 years / 6 months | 3 years | Andean Community (as above) |
| 🇺🇾 Uruguay | None | 10 years / 6 months | 5 years | Introduced non-use cancellation in 2019 |
| 🇵🇾 Paraguay | None | 10 years / — | 5 years *1 | Duration requires initial verification |
| 🇻🇪 Venezuela | None | 15 years *2 / 6 months | 2 years | The world’s shortest grace period. Ambiguity in applicable laws |
| Country/Region | Periodic Declaration | Term of Protection / Grace Period for Renewal | Non-use | Special Notes |
|---|---|---|---|---|
| 🇪🇺 EUTM | None | 10 years / 6 months | 5 years | Right holders outside the EEA must appoint a representative |
| 🇬🇧 United Kingdom | None | 10 years / 6 months | 5 years | Requirements for address for service; maintenance of use of “comparable UK marks” (EUTM reproduction rights) |
| 🇩🇪🇫🇷🇮🇹🇪🇸 Germany, France, Italy, Spain | None | 10 years / 6 months | 5 years | Harmonized under the EU Trademark Directive |
| 🇧🇪🇳🇱🇱🇺 Benelux | None | 10 years / 6 months | 5 years | Centralized management through BOIP |
| 🇨🇭 Switzerland | None | 10 years / 6 months | 5 years | Non-EU but European-style |
| 🇷🇺 Russia | None | 10 years / 6 months | 3 years | Assignment and license registration are mandatory (Civil Code Article 1232) / A local registered patent attorney is required |
| 🇹🇷 Turkey | None | 10 years / 6 months | 5 years | Starting in 2024, the authority to revoke registrations will be transferred from the courts to the TPTO (administrative agency) |
| Country/Region | Periodic Declaration | Term of Protection / Grace Period for Renewal | Non-use | Special Notes |
|---|---|---|---|---|
| 🇯🇵 Japan *6 | None | 10 years / 6 months | 3 years | — |
| 🇨🇳 China *6 | None | 10 years / 12 months | 3 years | Active cancellation for non-use; preservation of evidence of use is crucial |
| 🇰🇷 South Korea *6 | None | 10 years / 6 months | 3 years | — |
| 🇹🇼 Taiwan | None | 10 years / 6 months | 3 years | — |
| 🇭🇰 Hong Kong | None | 10 years / 6 months | 3 years | A delivery address within Hong Kong is required |
| 🇮🇳 India | None | 10 years / 6 months (+ 1 year for reinstatement) | 5 years | Transfer must be recorded (evidence requirement) |
| 🇮🇩 Indonesia | Only upon renewal | 10 years / 6 months | 5 years (changed in 2024) | Declaration of Use required at renewal (no evidence required) |
| 🇹🇭 Thailand | None | 10 years / 6 months | 3 years | License registration is required |
| 🇻🇳 Vietnam | None | 10 years / 6 months | 5 years | Registration is a condition of validity for transfers |
| 🇲🇾 Malaysia | None | 10 years / 6 months | 3 years | — |
| 🇸🇬 Singapore | None | 10 years / 6 months | 5 years | — |
| 🇲🇲 Myanmar | None | 10 years / 6 months | 3 years | New 2023 System: Transfer/Licensing Requires Recorded Evidence for Validity |
| 🇦🇺 Australia | None | 10 years / 6 months | 3 years | Note the time limits for filing a request for revocation due to non-use (3 years or 5 years from the filing date) |
| 🇳🇿 New Zealand | None | 10 years / Reinstatement system | 3 years | A service address in NZ/Australia is required |
| Countries/Regions | Periodic Declaration | Validity Period / Renewal Grace Period | Not Used | Special Notes |
|---|---|---|---|---|
| 🇦🇪 UAE | None | 10 years / 3 months | 5 years | GCC Unified Trademark Law |
| 🇸🇦 Saudi Arabia | None | 10 years / 6 months | 5 years | GCC Unified Trademark Law |
| 🇶🇦 Qatar / 🇰🇼 Kuwait | None | 10 years / 6 months | 5 years | GCC Unified Trademark Law |
| 🇮🇱 Israel | None | 10 years / with grace period | 3 years | Exceptionally short period of non-use in the Middle East |
| 🇪🇬 Egypt | None | 10 years / 6 months | 5 years | A domestic delivery address is required |
| 🇿🇦 South Africa | None | 10 years / 6 months | 5 years | Registered User System |
| 🇳🇬 Nigeria | None | Initial term: 7 years → Renewal every 14 years *3/1 month | 5 years | Exceptions where the term is not 10 years |
| 🇰🇪 Kenya | None | 10 years / approx. 30 days | 5 years | License registration is important for defense against non-use claims |
| 🇲🇦 Morocco | None *4 | 10 years / 6 months | 5 years | Assignments must be registered within 3 months of execution |
| 🌍 OAPI (17 French-speaking countries) | None | 10 years / 6 months | 5 years | A single registration covers all 17 countries as a single unit; protection throughout the entire region is granted with use in just one country |
| 🌍 ARIPO (Banjul Protocol) | None | 10 years / 6 months | Depends on national laws *5 | Designated-country system; validity is subject to the domestic laws of each designated country |
Virtually all countries have a non-use cancellation system whereby a trademark is canceled if it is not used for a certain period. The difference in the number of years is a critical point in managing international brands.
| Category | Major Countries |
|---|---|
| 3-Year Type (Short; Caution Required) | Japan, China, South Korea, Taiwan, Hong Kong, Thailand, Malaysia, Myanmar, Australia, New Zealand, Canada, the United States, Mexico, Colombia/Peru/Ecuador/Bolivia (Andes), Russia, Israel |
| 5-Year Type | Most of Europe, India, Vietnam, Indonesia, Singapore, Brazil, Chile, Argentina, Uruguay, and most of the Middle East and Africa |
| 2 years (minimum) | Venezuela |
💡 Key Point: Russia and Israel (3 years) are exceptions in Europe and the Middle East with exceptionally short validity periods, and are countries with a high risk of dormant trademark cancellation. For countries with a 3-year term, management must be planned by working backward from the requirement to “begin use within 3 years of registration.”
In most countries, the term of protection is “10 years, renewable every 10 years,” but there are exceptions.
| Country | Term of Validity | Points to Note |
|---|---|---|
| 🇳🇬 Nigeria | Initial term: 7 years; 14 years after renewal *3 | Setting the renewal management to “10-year fixed” can lead to errors |
| 🇻🇪 Venezuela | 15 years ※2 | Following withdrawal from the Andean Community in 2006, the 15-year term under the 1956 Act is deemed applicable, but there is ambiguity regarding the applicable laws |
In addition to use and renewal, there are post-registration obligations that are easy to overlook.
| Obligations | Details | Countries requiring special attention |
|---|---|---|
| Registration of Transfers and Licenses (Recordal) | Registration of transfers of rights and licenses with the relevant authority. In many countries, this is a requirement for third-party enforceability; in some, it is a requirement for validity. | Requirements for legal effect: Russia, Vietnam, Myanmar |
| Registered User (License Registration) | If a license is not registered, the licensee’s use cannot be used as a defense against revocation for non-use | Kenya, South Africa, Nigeria (common law systems) |
| Local address for service | A local address for service or agent within the jurisdiction is required | Hong Kong, Australia, New Zealand, Egypt, etc. |
| Registration of changes to name and address | Registration of changes is required in all jurisdictions where the company is incorporated upon a name change or relocation | Worldwide (often overlooked during M&A transactions) |
| ® Symbol | May only be used after registration. In some countries, using the ® symbol without registration is illegal | By Country |
① Prioritize managing the deadlines for proof of use in the following countries: the United States, Mexico, the Philippines, Argentina, and Cambodia. The starting point (registration date, registration anniversary, or filing date) varies by country.
② Do not let your guard down even with Madrid Protocol designations: The U.S. (§71), Mexico, Cambodia, and others require a declaration of use.
③ In countries with a 3-year system, begin use within 3 years of registration: Japan, China, South Korea, Taiwan, Russia, Israel, etc.
④ Set individual exceptions to the term of protection: Nigeria (7→14 years), Venezuela (15 years).
⑤ Preventing omissions in recordal: Russia, Vietnam, and Myanmar require proof of use for validity; in African countries with common law systems, a “registered user” can assert a defense against non-use.
⑥ In Europe and Asia, “preservation of evidence of use” is required: continuously retain dated documentation of actual use.
Please contact us for comprehensive support regarding the maintenance, renewal, and proof of use of your overseas trademarks.
EVORIX offers one-stop support for trademark applications, renewals, proof of use, and deadline management worldwide through a network of local agents in over 170 countries. We offer a free initial consultation.
Schedule a Free Initial Consultation Trademark ServicesQ. Once a trademark is registered, do I need to do anything else afterward?
A. No. In many countries, (1) renewal (generally every 10 years) is required.Furthermore, in countries such as the United States, Mexico, the Philippines, Argentina, and Cambodia, your registration will be canceled if you do not proactively submit a “proof of use” or “declaration of use” at specified intervals after registration. Additionally, in almost all countries, there is a risk that a third party may file a request for cancellation on grounds of non-use if the trademark is not used for a certain period (3 or 5 years).
Q. Which countries require the submission of proof of use (declaration of use)?
A. According to the research in this article, the representative countries that require the proactive submission of periodic proof of use or declarations of use after registration are the United States (Section 8 Affidavit), Mexico, the Philippines (DAU), Argentina (Interim Declaration), and Cambodia.Indonesia requires only a simple declaration of use (no evidence required) at the time of renewal. In the majority of countries, such as those in Europe, Japan, China, and South Korea, periodic submissions are not required.
Q. What is the renewal period?
A. In most countries, it is “10 years from registration (or filing), and every 10 years thereafter.”As exceptions, Nigeria requires renewal every 7 years for the first term and every 14 years thereafter, while Venezuela requires renewal every 15 years (note: there is some ambiguity in the applicable laws; confirmation is required). The grace period (typically 6 months after expiration) also varies by country.
Q. What is cancellation for non-use? After how many years does this apply?
A. This is a system whereby a registered trademark may be canceled upon request by a third party if it has not been used for a certain period. The timeframe varies by country; in Japan, China, South Korea, Taiwan, and the Andean Community (Colombia, Peru, etc.), it is generally 3 years, while in Europe, the U.S., Brazil, and other regions, it is typically 5 years.Venezuela has the shortest period at 2 years.
Q. I own a large number of overseas trademarks. What should I pay particular attention to when managing them?
A. ① Give top priority to managing the filing deadlines in countries requiring proof of use (the U.S., Mexico, the Philippines, Argentina, and Cambodia); ② Even when filing via the Madrid System, ensure that proof of use is preserved in accordance with the requirements of the U.S. (§71),Mexico, and Cambodia require a declaration of use even when filed via the Madrid System; ③ Preserve evidence of use based on the period for cancellation due to non-use (3-year or 5-year); ④ Manage renewals for exceptions to the standard term of protection (Nigeria, Venezuela); ⑤ Prevent omissions in local recordal of assignments and licenses.
Regarding the Use of This Article: The following is general information confirmed as of the time of research (June 2026). In particular, items marked with an asterisk (*) below require local verification or may vary across information sources. Before proceeding with actual procedures or deadline management, be sure to confirm the latest practices with a local agent.
This article was prepared by cross-referencing primary sources—such as the intellectual property offices of each country and WIPO Lex (the World Intellectual Property Organization’s legal database)—with secondary sources, including major local IP firms in each country and publications such as INTA, World Trademark Review (WTR), IAM, and ICLG.Below, we provide a textual explanation of the primary basis for each region, followed by a list of the full URLs for the sources referenced.Please note that the items marked as “To be confirmed” in the footnotes (*1–*6) of the main text involve differing interpretations across multiple sources or may change due to amendments; therefore, we recommend that local agents verify the latest information when applying these provisions in practice.
The U.S. declaration of use cycle (Section 8 Affidavit, Section 9 Renewal, Section 15 Non-Contestability, and Section 71 for Madrid Protocol designations) is based on the U.S. Patent and Trademark Office (USPTO) official page “Maintaining your registration.”The requirement in Mexico for a “declaration of use within three months of the third anniversary of registration, plus a declaration of use at the time of renewal” was verified through the local law firms De Alva & Asociados and Godfrey & Kahn, the legal information site Mondaq, and HYA IP’s explanation regarding the handling of Madrid Protocol designations.The information regarding Argentina’s interim declaration of use (in the 5th to 6th year of registration) is based on explanations by Olarte Moure, Dreyfus, and SBM, as well as INPI Resolution 123/2019 (as explained by Lexology).Information on the proof of non-use in Canada (Section 45 of the Trademarks Act) and the abolition of the declaration of use following the 2019 amendment was verified in the Canadian Intellectual Property Office (CIPO) Official Guide and Fasken’s FAQ; information on Brazil’s 10-year renewal and cancellation for non-use five years after registration was verified in the Brazilian Industrial Property Office(INPI) Official Guide and Montaury, Harris & Sliwoski.The background to Chile’s initial introduction of cancellation for non-use under the new Industrial Property Law of 2022 (Law 21.355) is documented in Carey, Alessandri, and Chambers, as well as in the official INAPI FAQs; the“three consecutive years” of non-use cancellation is based on the provisions of Andean Community Decision 486 (Article 165)—a supranational norm applicable to these four countries—and Garrigues’ commentary on the Andean region.Information regarding Uruguay (which introduced cancellation for non-use in 2019), Paraguay, and Venezuela (ambiguity in applicable laws) was confirmed through the respective local offices and the WTR commentary.
The structure of the European Union Trademark (EUTM)—which does not require a declaration of regular use, has a 10-year renewal period, and is subject to cancellation for non-use five years after registration—is based on the European Union Intellectual Property Office (EUIPO)’s official FAQs (Renewal/Invalidation and Cancellation/Representatives) and Examination Guidelines 4.1 (Cancellation for Non-Use).The contrast that “a declaration of use is a U.S. requirement and does not exist in the EU” is explicitly stated in the Garrigues blog.I verified the UK requirements via ICLG (United Kingdom 2026) and Harper James; the German statutory representative requirement via the official website of the German Patent and Trademark Office (DPMA); the French representative requirement via the WTR Yearbook; and the Swiss requirement (non-EU but European-style) via the official website of the Swiss Intellectual Property Institute (IPI).Russia’s requirements—"three years of non-use, mandatory registration of licenses/assignments (Civil Code Article 1232), and mandatory use of a local patent attorney"—were confirmed via Gorodissky, De Berti Jacchia, and Sojuzpatent;Turkey’s “transfer of revocation authority from the courts to the Turkish Patent and Trademark Office (TPTO) starting in 2024” is based on the official TURKPATENT website, Optimum Patent, Aksoy IP, and TurkLegal; Benelux information is based on the official Benelux Office for Intellectual Property (BOIP) website and Clairfort.
The Declaration of Actual Use (DAU) in the Philippines (3 years after filing, 5 years after registration, and 1 year after renewal) is handled by the Philippine Intellectual Property Office(IPOPHL), as well as Aumento IP and BCCS Law; the “Declaration of Use or Non-Use within One Year After the Fifth Anniversary of Registration (strictly enforced since August 2023)” in Cambodia is based on information from Tilleke & Gibbins, DS&B, and Abacus IP.Information for Taiwan is based on Law.asia and Lexology; for Hong Kong, on the official website of the Hong Kong Intellectual Property Department (IPD); and for India’s non-use cancellation (5 years) and assignment record requirements, on Section 45 of the Indian Code and SS Rana andVakilsearch; Indonesia’s “change in the period for cancellation due to non-use from 3 years to 5 years in 2024 (Constitutional Court Decision No. 144/PUU-XXI/2023) and declaration of use at renewal” was confirmed via Tilleke & Gibbins and Harakenzo.For Thailand, see WIPO Lex (Trademark Act B.E. 2534); for Vietnam’s “assignment as a requirement of validity,” see Tilleke and KENFOX; for Malaysia, see Skrine and MyIPO (Act 815); and for Singapore, see the Intellectual Property Office of Singapore(IPOS); Myanmar (the 2019 Trademark Act took effect in April 2023; registration is a requirement for validity) via LawPlus, KENFOX, and WIPO Lex (Regulation 1/2023);Australia: IP Australia Official Manual and Section 92 of the Trade Marks Act 1995 (AustLII); New Zealand: IPONZ Official and the Trade Marks Act 2002.
The four GCC countries—the UAE, Saudi Arabia, Qatar, and Kuwait—follow a uniform system based on the GCC Unified Trademark Law (AGIP, English translation PDF), which took effect in 2016, with terms of “10 years, 5 years for non-use, and no requirement for periodic declarations.”We verified the renewal procedures for each country on the official websites of the UAE Ministry of Economy and Trade (MoET) and the Saudi Arabian Intellectual Property Authority (SAIP), among others.Information on Israel (where the non-use period is exceptionally 3 years) is based on Lexology; on Egypt (where a designated address for service is required) on NJQ and ELDIB; and on South Africa (with its “registered user” system) on Smit & Van Wyk and Lexology.Nigeria’s exception of “an initial term of 7 years and a term of 14 years after renewal” is based on ICLG (Nigeria 2026) and ip-coster; Kenya’s cancellation for non-use (Trademark Act, Cap. 506, Section 36) is based on Kenya Law(official statutes), KIPI, and CM Advocates; and for Morocco (no declaration of use required; consistent across multiple sources; local verification recommended as per Note 4), we confirmed this via WIPO Lex (Law 17-97), NJQ, and AGIP.Regarding regional registrations, information on OAPI (a single registration covering 17 French-speaking countries) is summarized in Adams & Adams and WTR, while information on ARIPO (Banjul Protocol—subject to the domestic laws of designated countries) is summarized in the official ARIPO website, LADAS, and Adams & Adams.Note that the example of Mozambique, which requires a Declaration of Intent to Use (DIU) and is classified in this article as “Reference/Not Covered,” is based on the explanation provided by Inventa.