Section 44(e) and 44(d) Filings: Using a Foreign Registration or Priority Claim in the U.S.

October 7, 2026

Foreign brand owners don't need U.S. use or a Madrid designation to apply in the United States. Section 44 of the Trademark Act lets an applicant rely on its home-country trademark rights, either an existing foreign registration (Section 44(e)) or a recent foreign application for priority (Section 44(d)). The requirements are set out in 37 CFR § 2.34(a)(3) and (4).

Section 44(e): Based on a Foreign Registration

A Section 44(e) application relies on a registration in the applicant's country of origin. Under § 2.34(a)(3), the applicant must provide:

• a verified statement of a bona fide intention to use the mark in commerce;
• a true copy, photocopy, certification, or certified copy of the foreign registration, showing it is in full force and effect and showing the owner, the mark, and the goods or services, with an English translation if needed; and
• proof of renewal if the foreign registration will expire before the U.S. registration issues.

Use in U.S. commerce is not required before registration. The U.S. goods and services must still meet U.S. identification standards and be supported by the foreign registration.

Section 44(d): Six-Month Priority

Section 44(d) lets an applicant claim the filing date of an earlier foreign application, provided the U.S. claim is filed within six months of that foreign filing date (§ 2.34(a)(4)(i)). The applicant must identify the first regularly filed foreign application (filing date, serial number, and country) and must verify a bona fide intention to use the mark in commerce.

A 44(d) claim is a priority claim, not a path to registration by itself. Under § 2.34(a)(4)(iii), before approval for publication the applicant must establish a basis under Section 1 or 44. Typically that means the 44(e) basis once the foreign registration issues, or an intent-to-use or use basis. Under § 2.35(b)(4), an applicant that properly claims 44(d) together with another basis keeps the priority date no matter which basis it perfects.

Flexibility Compared With Madrid

Unlike a Madrid (66(a)) filing, a Section 44 application can be combined with other bases (§ 2.34(b)). Before publication, the applicant may add or substitute a basis if it meets the requirements for the new one (§ 2.35(b)(1)). A Section 44(d) basis can be added only within the six-month priority period (§ 2.35(b)(5)). A Section 44 applicant may also seek registration on the Supplemental Register (§ 2.47(b)), an option a 66(a) applicant does not have.

Common Issues

• Country of origin. Section 44(e) requires a registration from the applicant's country of origin. An applicant should be ready to show a genuine connection to that country.
• Scope mismatch. The U.S. identification cannot claim more than the foreign registration covers.
• Bona fide intent. The verified statement of intent is a real sworn statement. The owner should have actual plans for the U.S. market.
• Later maintenance. Registration without use doesn't remove the need to use the mark. The first Section 8 declaration must show use in U.S. commerce (see our maintenance guide).

U.S. Counsel

A foreign-domiciled Section 44 applicant must be represented by a U.S.-licensed attorney under 37 CFR § 2.11. See our explainer on the U.S. counsel rule, or our page for foreign law firms and associate counsel if you are instructing on behalf of a client.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its own facts, and no particular outcome can be guaranteed. Laws and government fees change; confirm current requirements before acting.