What is a priority claim?

If one company or person applies for a specific trademark for the first time in any country, and then, within the next six months, files an application for the same trademark in another country and claims priority, then the second trademark application will have the same filing date as the first filed application.

For example, if a company filed a trademark on June 10, 2017 in Canada for the trademark TRADEMARK ANGEL and later filed an identical application in the US on November 10, 2017, then the US application will have the same filing date as the Canadian application, i.e. June 10, 2017. For examination purposes, it will be considered as if it was filed on June 10, 2017. If another entity filed TRADEMARK ANGEL application between June 10 and November 10, this other TRADEMARK ANGEL trademark will be refused by the Trademark Office.

 

Question: If you fail to claim priority within the 6 month window from the initial filing date, can you add a priority claim later?

Answer: No. The 6 month priority date cannot be extended.

 

Question: Can you claim priority from the first filed application if the second application is not identical?

Answer: It depends. The second filed application may exclude some goods and services contained in the first application but it cannot be broader.

 

Question: What will you need from me to claim priority?

Answer: We will need a copy of the first filed application, its serial number and filing date (or registration date, if it’s already registered). Also, we will need to know whether the trademark is already in use in any country. If in use, we’ll need to know where it’s being used.

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By |2018-03-11T16:10:37+00:00July 19th, 2017|Comments Off on What is a priority claim?

About the Author:

Anita photo

Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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