In my country, trademark registration follows the principle of “first to file”. In most cases, the Trademark Office will publish applications for earlier trademarks based on the date of receipt of the application documents. However, many people will find that it is obviously their application time that comes first. Why did the other party register successfully? This is because there are special circumstances for trademark registration, namely the priority of trademark registration.

The principle of priority originates from the Paris Convention for the Protection of Industrial Property (hereinafter referred to as the "Paris Convention") signed in 1883. Its purpose is to facilitate the nationals of contracting countries to submit patents or trademark registrations to other countries after filing for them in their own countries. The State Party files an application. Article 4 of the Paris Convention stipulates that any person who has formally filed an application for trademark registration in a country of the Union or his successor in rights shall, within 6 months from the filing date of the first application, apply for trademark registration in other countries. Trademark registration applications filed for the same trademark on the same goods enjoy priority.

my country joined the Paris Convention on November 14, 1984. Since then, the concept of priority has also been reflected in the Trademark Law.

In the new Trademark Law that came into effect on May 1, 2014, Article 25 stipulates the content of "priority". According to the first paragraph of this article, 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 accordance with the provisions of the foreign trademark registration application. Agreements signed by China or international treaties to which China is a party, or in accordance with the principle of mutual recognition of priority, may enjoy priority. The date when the applicant first files an application for trademark registration abroad is called the priority date.

The date of trademark registration application of an applicant protected by priority is not restricted by the date when the trademark registration application is filed in China, but it is limited by the date of application for trademark registration by an applicant protected by priority, that is, the trademark The date when the trademark registration application was first filed in China. Rule the country. Therefore, it is inevitable that a situation will arise where the application date is lost first and then later.

In addition, Article 26 of the Trademark Law also stipulates other situations in which priority is granted. If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the trademark registration applicant can enjoy priority within 6 months from the date of exhibition of the goods. This is a temporary protection measure for international exhibition trademarks.

However, we must remember that trademark priority does not arise automatically, but requires the trademark registration applicant to file a claim. Priority applicants are required to make a written statement and submit relevant supporting documents within three months when applying for trademark registration. A priority applicant who complies with the provisions of Article 25 of the Trademark Law shall submit a copy of the first trademark registration application and a copy of the application as prescribed in Article 2 of the Trademark Law. Article 16 An applicant for the priority of a trademark used for the first time at an international exhibition needs to submit supporting documents such as the exhibition name of the goods on display, evidence of the use of the trademark on the goods on display, and the date of the exhibition. Failure to make a written statement in accordance with regulations or failure to submit supporting documents within the time limit shall be deemed to have failed to claim priority. Priority date protection is not available.

If there is no priority principle, the applicant must apply for trademark registration in several countries at the same time. If he is not careful, the trademark of a certain country will be preempted by other countries, preventing him from carrying out normal business activities in that country. The existence of priority rights effectively reduces the phenomenon of cross-border trademark priority rights, which is of great practical significance to companies and individuals with an international perspective.