Abstract: What does trademark priority mean? Any trademark applied for registration in a contracting country can enjoy priority for a period of six months from the date of the initial application. That is, within the priority period, if the applicant files the same application in another member country, the date of subsequent application will be It can be regarded as the date of first application. So what are the precautions for trademark priority? Let’s talk briefly below. What does trademark priority mean?
Trademark registration priority means that trademark registration applicants can enjoy priority on the date of trademark application. In other words, applicants who enjoy trademark registration priority can "jump in line" during the trademark registration process. Even if they register later than others, they can get the trademark registration certificate earlier!
According to the provisions of the Trademark Law and its Implementing Regulations, a trademark registration applicant enjoys priority in the following two situations:
1. The trademark registration applicant has the right to register his/her trademark in If a foreign country files an application for trademark registration for the same goods in China within six months from the date when it first files an application for trademark registration, the application shall be made in accordance with the agreement signed by the foreign country with China or an international treaty to which China is a party, or Priority can be enjoyed in accordance with the principle of mutual recognition of priority.
If you claim priority in accordance with the above provisions, you should submit a written statement when filing your trademark registration application, and submit a copy of the first trademark registration application document within three months, which copy should be Certification from the trademark authority that accepted the application, indicating the application date and application number. Failure to make a written statement or failure to submit copies of trademark registration application documents within the time limit shall be deemed to have not claimed priority.
2. If a 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 may Have priority.
Those who claim priority in accordance with the above provisions shall submit a written statement when applying for trademark registration, and within three months submit the name of the exhibition where their goods are exhibited and the use of the trademark on the goods on display. Evidence of the trademark, exhibition date and other supporting documents, these supporting documents should be certified by the agency specified by the State Administration for Industry and Commerce, unless the international exhibition where the goods are displayed is held in China. If a written statement is not made or supporting documents are not submitted within the time limit, priority will be deemed not to be claimed.
Trademark priority processing steps
1. If entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any trademark agency registered with the Trademark Office to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
2. If the applicant goes directly to the Trademark Registration Hall of the Trademark Office, the applicant can follow the following steps:
Prepare the application documents → Submit at the acceptance window of the Trademark Registration Hall Application documents → Print the bar code at the coding window → Pay the application fee at the payment window.
What are the precautions for trademark priority?
1. The address, postal code and phone number filled in by the applicant should be detailed and accurate to facilitate contact.
2. The original application materials provided by the applicant such as relevant trademarks, categories of goods or services, and designated goods or services should be accurate.
3. If you go directly to the trademark registration hall, the Trademark Office will generally mail the "Priority Certification Document" to the applicant according to the contact address filled in the application form within 4 weeks after the applicant submits the application; entrust If handled by a trademark agency, the Trademark Office will mail the "Priority Certificate" to the trademark agency.