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What is priority or priority deadline?
A right of priority or priority right is a period initiated by the first filing of an application for a trademark.
The priority right belongs to the applicant or his successor in title and allows him to file a subsequent application for the same sign and the same goods and/or services by benefiting, for this subsequent application, from the date of filing of the first application. Your rights will accordingly retroact to the filing date of your first application: if third parties have filed identical or similar trademarks during this period in the territory of your subsequent application, they will only have younger rights and not prior rights compared to your subsequent application, even though this subsequent application has in reality been filed after the applications of the third parties. When filing the subsequent application, you must "claim the priority" of the first application in order to make use of the right of priority.
The period of priority or priority delay, i.e. the period during which the priority right exists, is 6 months. After this period, you will no longer be able to claim the date of your first filing and your rights will begin at the filing date of your new application.
Trademark Search - Frequently Asked Questions
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- Why do I need to protect my Trademark?
- What about my Internet Domain Name?
- What are the benefits of registering?
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- Marks to avoid when choosing a Trademark or Service Mark
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- Should I apply in my own name or in the name of my company or corporation?
- How long does it take for the Trademark Office to process my application?
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- Use of the TM ® and SM Symbols
- How to use a Trademark
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- What is priority or priority deadline?
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