What should be paid attention to when it comes to priority in intellectual property rights
(1) Date of Application. The application date refers to the date when the national Trademark authority receives the application, not the date when the Applicant submits the application to the authority.
(2) The applicant wants to enjoy priority .
(3) The claim for priority is based on the first application filed with a member of the Paris Convention. There are two issues involved here: First, if the applicant has declared a claim for priority in the second application before the first application is rejected, or before the applicant abandons the first application, then the applicant The claimed priority is still valid; secondly, if the above-mentioned first application has not become the basis for claiming priority at this time, then the second application is the first application, and its filing date should be within the priority period. Starting date. Under normal circumstances, the second aspect above does not often occur.
(4) If the country applying for trademark registration for the first time is not a member of the Madrid Agreement but a member of the Paris Convention such as the United Kingdom, Japan, etc., as long as the applicant has The applicant also has the right to declare priority in applying for international trademark registration in the country designated for protection.
Chinese enterprises can make full use of the principle of priority when handling international trademark registrations. It allows the trademark applied for registration to obtain protection as early as possible, thereby prohibiting other companies from registering or using the same or similar trademark on the same or similar goods or services.
I hope that through the above content you can have a deeper understanding of some related issues that should be paid attention to when it comes to priority in intellectual property rights. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
