What is a priority right?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

A priority right, in the context of trademark law, refers to the right of an applicant to claim the filing date of an earlier foreign trademark application as the effective filing date for a subsequent application in another country.

The priority right is particularly useful for applicants who want to secure trademark protection in multiple countries but want to ensure that they are granted the earliest possible filing date for their mark. It helps prevent others from filing similar marks during the period between your initial filing and subsequent filings in other countries. Also, having the trademark be valid from an earlier date allows its owner to enforce rights and fight infringement occurring since that date.

It's important to note that while the priority right allows you to claim an earlier filing date, you still need to meet the requirements and criteria for trademark registration in each individual country where you seek protection.

The specifics of priority rights, including the timeframes, documentation, and procedures, can vary from country to country. If you're considering using the priority right for your trademark applications, it's recommended to consult with a trademark attorney who is knowledgeable about the laws and regulations in the relevant jurisdictions.

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