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What is the meaning of trademark priority and under what circumstances can it be used?
A: Paragraph (1) of Article 4 of the Paris Convention 1 stipulates that any person or his successor who formally files an application for trademark registration in one country of the Union shall have priority in applications filed in other countries for the same trademark and the same commodity within six months. Here, "anyone or his successor in rights" refers to a national of a member country of the Paris Convention or a national of a non-union country that has a domicile or a real and effective industrial and commercial office in the territory of a member country (that is, a national of a non-union country that enjoys national treatment). According to Article 9 of the Trademark Law, if a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or in accordance with the principle of reciprocity. That is to say, applicants who cannot enjoy the national treatment of Paris Convention member countries and some international and regional organizations have signed reciprocal agreements with China, or have priority according to the principle of reciprocity. For example, a foreign-related trademark office represented BIODIVUSIO, a trademark registration priority claim filed by Biotti weiser Limited. After submitting the application to the Trademark Office, we refused to give priority on the grounds that the first place of application was not a member of the Paris Convention. Later, the applicant entrusted an agent to put forward different opinions on this matter. After many consultations, the Trademark Office believes that according to the principle of reciprocity, the applicant can enjoy priority. Similarly, China applicants should also enjoy priority when applying for trademark registration in Europe. Although China does not accept the transfer of the right to apply for a trademark at present, the assignee should also enjoy the priority when transferring the right to apply for a trademark according to the law of a member state of the Paris Convention, which is in line with the condition of "heir to the right" in the Paris Convention. According to Article 25 of the Trademark Law, if a trademark is used for the first time on a commodity exhibited in an international exhibition sponsored or recognized by the China Municipal Government, the applicant for registration of the trademark can enjoy priority within six months from the date of exhibition of the commodity. Where priority is claimed in accordance with the preceding paragraph, it shall make a written statement when applying for trademark registration, and submit the name of the exhibition, the evidence of using the trademark on the exhibited goods, the date of exhibition and other supporting documents within three months; Failing to submit a written statement or supporting documents within the time limit shall be deemed as not claiming priority. Trademark inquiry trademark priority