Back to Trademark registration process

What is a priority right?

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.

Related questions

When should I register my trademark?

Timing is everything, and this is especially true when it comes to trademark registration. Choosing to trademark your brand at the right time is much more important than you would think.

Taylor Swift's brand strategy: song lyrics as trademarks

Immensely famous pop star Taylor Swift does not only hold countless number of awards and musical praise, but also an impressive portfolio of trademarks. As she continues to trademark her most popular phrases, she ensures the continuous growth of her brand and her legacy.

Louis Vuitton vs Louis Vuiton Dak: Never-ending battle of Louis Vuitton against counterfeit market

Another day another case of a trademark dispute between a fashion giant and a small food business. A South Korean fried chicken restaurant recently lost a trademark battle against designer Louis Vuitton. The court ruled in the designer's favor after determining that the restaurant's name Louis Vuitton Dak was too similar to Louis Vuitton.