Claiming trademark priority right

In trademark law, a priority right refers to the earliest valid claim to a trademark, whether based on actual commercial use or on the filing of an application. This claim serves as the foundation for determining who has exclusive rights if multiple parties attempt to register the same or a confusingly similar mark.

The exact rules for establishing priority vary by jurisdiction. Some countries recognize priority based on the first commercial use of a mark, while others give it to the first applicant who files for registration.

In countries such as the United States and Canada, priority rights are established through use in commerce. The first business to actually use the mark in connection with goods or services generally has the superior right, even if another party files an application earlier. Documentation of first use (e.g., invoices, advertising, product labels) is often required to prove priority.

Most other jurisdictions, including the European Union and the United Kingdom, follow the first-to-file principle. In these systems, the decisive factor is the filing date of the trademark application. The party that files first secures the priority right, regardless of whether the mark has been used commercially.

Trademark law provides mechanisms for extending priority right internationally. Under the Paris Convention for the Protection of Industrial Property, an applicant who files a trademark in one member state can claim the same priority date when filing in other member states, provided the additional applications are submitted within six months of the first filing.

This six-month window is crucial for businesses planning international expansion. By claiming priority under the Paris Convention, companies can protect their trademarks abroad while ensuring that competitors cannot gain earlier rights in other jurisdictions.

At Trama, we make claiming priority right easy and effective for growing businesses. Our team handles the whole process from filing to registration, securing the earliest possible date for your trademark.

For businesses expanding internationally, we coordinate applications across jurisdictions to preserve your priority under the Paris Convention. We also provide tailored advice depending on whether your jurisdiction follows a use-based or filing-based system, helping you avoid common mistakes.

If you would like to learn more about the process of claiming priority right, our team of trademark attorneys is here to help. Contact us to discuss your situation, or, if you already have a Trama account, log in to extend your protection to additional markets and safeguard your brand globally.