What is the difference between priority in patent law and trademark law
"Patent Law" and "Trademark Law" belong to two different laws. They are parallel and have no contradictory intersection.
1. The priority of the "Patent Law" refers to:
Two For inventions and creations completed by the cooperation between the above units or individuals, or for inventions and creations completed by one unit or individual under the entrustment of other units or individuals, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual who completed or jointly completed the application; the application is approved Afterwards, the applicant unit or individual becomes the patentee.
Only one patent can be granted for the same invention. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted. If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first.
After the patent applicant first files a patent application in a certain country for his invention and creation, he files another patent application for the same subject invention and creation within the statutory period. , the subsequent application shall use the date of the first patent application as the filing date;
Special priority is: the patent applied for later must be filed in the previous application Filed within 12 months from the filing date of the patent. Even though the applicant may file a trademark registration application in China later than the third party, because the applicant has formally filed a trademark registration application in a Paris Convention member country, the applicant Applications in China still have priority over third-party applications and can still be registered.
2. The priority of the "Trademark Law" refers to:
If a trademark registration applicant files an application for trademark registration in China with the same trademark for the same goods within six months from the date when the trademark is first filed in a foreign country, the trademark registration application shall be based on the agreement or mutual agreement signed between the foreign country and China. Priority may be enjoyed by parties to international treaties or in accordance with the principle of mutual recognition of priority.
If priority is claimed, a written statement should be made when filing an application for trademark registration, and the first trademark registration application should be submitted within three months. A copy of the document; if a written statement is not made or a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that no priority has been claimed.
If the trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, within six months from the date of exhibition of the goods , the applicant for registration of the trademark can enjoy priority.
If you claim priority, you should submit a written statement when applying for trademark registration, and submit the name of the exhibition where your goods will be displayed within three months. , evidence of the use of the trademark on the exhibited goods, exhibition date and other supporting documents; if no written statement is made or supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.
According to the specific patent application and trademark application, you can enjoy the specified priority. The trademark registration applicant first files for trademark registration in a foreign country. If you file another trademark registration application for the same goods with the same trademark in China within six months from the date of application, you can enjoy priority.
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