Trademark registration application priority refers to the priority of the trademark registration applicant in terms of application time and date, that is, the date of the last application for trademark registration or the first use of the trademark is used as the date of the subsequent application for trademark registration.

There are two types of priority for trademark registration applications: one is the priority on the trademark application date, and the other is the temporary protective priority for international exhibitions.

According to the provisions of the "Trademark Law" and "Trademark Law Implementation Regulations", trademark registration applicants who request temporary protection priority for international exhibitions must meet the following conditions:

(1) It must be a trademark used for goods exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;

(2) The legal period for enjoying priority is 6 months from the date of exhibition of the goods. Submit an application for trademark registration within. The right of priority shall not be exercised after the statutory period;

(3) When applying for trademark registration, the applicant for trademark registration shall submit a written statement stating that he or she enjoys the right of priority within 3 months. Submit supporting documents such as the name of the exhibition where its goods are exhibited, evidence of the use of the trademark on the exhibited goods, the date of exhibition, etc. This certification document shall be certified by an agency specified by the administrative department for industry and commerce of the State Council (the international exhibition where the goods are exhibited If the event is held in China and does not require certification) and fails to submit a written statement or fails to submit supporting documents for more than 3 months, it will be deemed that no priority has been claimed.

Notes:

1. The first application must be filed in a country that meets one of the following conditions

(1) It has signed a mutual agreement with our country Countries that have bilateral agreements that recognize priority;

(2) Countries that have participated with our country in international treaties and conventions that stipulate priority;

(3) In accordance with each other’s Countries that recognize the principle of priority can grant priority to our nationals.

If the applicant’s country of origin is any of the above-mentioned countries, but his first application is not filed in the above-mentioned countries, the applicant will not enjoy priority when he files an application for trademark registration in China. .

2. The application as the basis for priority must be the first application

If the applicant has filed several trademark applications in several countries before filing an application for trademark registration in my country registration application, he can only claim priority based on the first application. However, if the following special conditions are met, although it is not the first application, it can be regarded as the first application according to the Paris Convention: ① The subsequent application belongs to the same subject matter as the first application; ② The first application The first application was not made available to the public for viewing, did not leave any rights, and was abandoned, withdrawn or rejected before subsequent applications were filed; ③ The first application did not become the basis for claiming priority.

3. The first application must be a formal application

The so-called formal application means that the application is submitted in accordance with the domestic laws of the foreign country and is accepted by the National Trademark Office in accordance with the law. Trademark application.