Written by Tomas Orsula
Senior Trademark Attorney
No, priority filing does not give the applicant a longer period to demonstrate that they use the mark in commerce in the US. Filing with priority can help establish earlier rights to a trademark originally filed in a different country; however, it does not affect the timelines put in place by the USPTO.
If you file with a "use in commerce" (1a) application, you have to prove that you are commercially active in the US at the time of filing. A specimen (proof of use) has to be attached.
If you cannot demonstrate your commercial activity immediately, you can choose the "intent-to-use" (1b) filing. This way, you have approximately one year until you have to provide a specimen. Once the USPTO processes your application and issues the "Notice of Allowance", you have six months to file a "Statement of Use", proving that your goods/services are now available in the US market.
What does it mean when my trademark is refused due to "mere descriptiveness"?
How does the USPTO act in case of a likelihood of confusion?
How can I overcome the "likelihood of confusion" refusal from the USPTO?
Can I apply for the trademark even if it's not used in commerce yet?
What are the most common grounds for application dismissal by USPTO?
What is the difference between substantive and non-substantive reasons for trademark dismissal?
If I register the US trademark, does this registration offer any protection outside of the US?
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