What does priority mean in a trademark registration application?

In practice, many of us may come across issues such as what is the priority in a trademark registration application, but because we don’t know much about it, many things are not clear. Regarding this issue, the editor of Legal Savior Network has compiled the following knowledge points. Let’s learn about it together.

What is the priority in a trademark registration application

Priority means that according to the provisions of the Paris Convention for the Protection of Intellectual Property Rights, nationals of each member state can apply for the same trademark to other member states within 6 months from the date when they first submit an application for trademark registration. When applying for trademark registration, the subsequent trademark registration application is deemed to be filed on the same day as the previous application. In other words, the trademark registration applicant’s first application date will enjoy priority in member countries for other people’s applications for identical or similar trademarks. In addition, the Paris Convention for the Protection of Intellectual Property also stipulates the right of priority when using trademarks at international exhibitions and applying for trademark registration.

my country’s current Trademark Law regulates priority rights Comprehensive provisions have been made: If a trademark registration applicant files another trademark registration application for the same goods with the same trademark in China within six months from the date when the trademark registration application is first filed in a foreign country, the applicant shall apply for trademark registration in China in accordance with the same regulations as that of the foreign country and China. Priority may be enjoyed by parties who have signed an agreement or an international treaty that they are both parties to, or in accordance with the principle of mutual recognition of priority. If you claim priority in accordance with the above provisions, you must make a written statement when filing your trademark registration application and submit a copy of the first trademark registration application document within three months; if you fail to make a written statement or fail to submit your trademark registration application within the time limit, Copies of documents shall be deemed not to have claimed priority.

If the trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, within six months from the date of exhibition of the goods , the applicant for registration of the trademark can enjoy priority. Those who claim priority in accordance with the foregoing provisions shall submit a written statement when applying for trademark registration, and within three months submit the name of the exhibition where the goods are exhibited, evidence of the use of the trademark on the goods on display, and the date of exhibition. and other supporting documents; if a written statement is not made or supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.

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