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The relationship between the priority of trademark rights and the priority of patent rights

What is the priority of trademark registration application?

Priority refers to the first formal application filed by a trademark applicant in any member country of the Paris Convention, and then filed with other member countries within

6 months When applying, the subsequent application will enjoy priority as of the date of the first formal application.

This can bring practical benefits to applicants who want to be protected in several countries at the same time. The principle of priority

is an important principle stipulated in the Paris Convention. Chinese enterprises that require the issuance of priority certification procedures should apply to the Trademark Office

for processing.

my country officially became a member of the Paris Convention in September 1985, and the priority principle is an obligation fulfilled by all members. my country

gives priority treatment to nationals of other member countries. Chinese applicants who apply for trademark registration in other member countries also enjoy priority treatment

. Applicants can have enough time to prepare applications to other member states within 6 months after filing the application in their home country.

It also prevents others from applying first and losing the opportunity to obtain trademark registration.

What is patent priority?

Articles 29 and 30 of the Patent Law of the People’s Republic of China stipulate the priority of patent applications. The priority is divided into two types: priority of international patent applications and priority of domestic patent applications. .

Patent application priority means that after the patent applicant first files a patent application for his invention and creation, he files another patent application for the same subject invention and creation within the time limit specified by the patent law. For a patent application filed once, the date of the first patent application filed shall be the filing date. This right enjoyed by the applicant in accordance with the provisions of the patent law is called patent application priority.

The main function of priority is to allow a patent applicant to have sufficient time to consider whether to apply for patent rights abroad after filing a patent application for the first time. If it applies for patent rights abroad, there is still sufficient time. By choosing a patent application agency and completing various necessary procedures, applicants can also use this time to improve the patent they have applied for without worrying about being preempted by others and losing their rights within the time stipulated in the patent law.

The period stipulated in the Patent Law is also called the priority period. For example, Article 29 of the Patent Law stipulates that “the applicant shall have ten years from the date of first filing a patent application for an invention or utility model in a foreign country.” Within two months, or within six months from the date of the first patent application for a design in a foreign country and a domestic patent application for the same subject matter within six months, "within twelve months" and "within six months" specified in ” is the statutory priority period.