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Conditions for enjoying priority as stipulated in my country’s Trademark Law

Requesting priority in my country

Relevant laws and regulations: "Trademark Law" 24 and 25 "Trademark Law Implementation Regulations" Article 20

In accordance with the "Trademark Law" 》Articles 24 and 25: When applying for trademark registration in my country and claiming priority, a written statement should be made when submitting the application for trademark registration, that is, filling in the country of initial application, application date, application number, etc. on the application form , and submit a copy of the first trademark registration application document within three months from the date of application. The copy should be certified by the trademark authority that accepted the application and indicate the application date and application number.

To request exhibition priority, the following conditions must be met:

1: The trademark must be used for the goods exhibited at an international exhibition sponsored or recognized by the Chinese government.

2: The legal period for enjoying priority is to file a trademark registration application within six months from the date the product is exhibited. That is to say, the law stipulates the time limit for enjoying priority. If the legal time limit is exceeded, the opportunity will be lost.

3: When applying for trademark registration, the applicant for trademark registration should submit a declaration of priority in writing, and submit within three months the name of the exhibition where its goods are displayed, the name of the exhibition at the exhibition, Provide evidence of the use of the trademark on the goods, date of exhibition and other supporting documents. This certification document shall be certified by an agency specified by the administrative department for industry and commerce of the State Council, unless the international exhibition exhibiting its products is held within the territory of China. If a written statement is not made or supporting documents are not submitted for more than three months, it will be deemed that priority has not been claimed.

The submitted priority certification document should be accompanied by a Chinese translation. The agent should faithfully translate the priority document to ensure that the applied trademark is consistent with the trademark attached to the priority document. In the trademark registration application that requires priority The declared goods/services shall not exceed the scope of goods/services in the first application.

If there are multiple applications claiming priority but only one priority certification document is attached, you can submit one original and the other copies, and you should indicate which application document the original is attached to.

If the name or address of the applicant claiming priority is different from that of the applicant applying for the first time, relevant change and transfer certification documents should also be submitted.

(2) Application with priority certification documents

Chinese applicants who apply for trademark registration in other member countries of the Paris Convention can also claim priority. If you apply based on the first application in my country, you should apply to the Trademark Office of my country to provide relevant certificates. When applying, an "Application Form for Providing Priority Certification Documents" should be submitted. If the country has a trademark application certificate, the application needs to be filed by the representative, and it will be deemed to have been authorized by other patent owners.