Trademark registration is an important step for any company seeking to protect its brand. One of the key aspects of this process is the concept of priority in trademark application. What exactly is priority? How does it work, and why is it significant in practice? This article explains the most important issues.
A trademark is a designation that distinguishes the goods or services of one company from those of other enterprises. It can be, for example, a name, logo, slogan, packaging shape, or even a sound. A registered trademark grants the owner the exclusive right to use it within a specified scope.
Priority in trademark application means that the right of protection is granted to the person or entity who first files a correct application for trademark registration with the relevant office-such as the Polish Patent Office (UPRP), the European Union Intellectual Property Office (EUIPO), or the World Intellectual Property Organization (WIPO).
In other words: first come, first served.
Priority protects the interests of the person or company who first decided to formally protect their brand. Thanks to this, no one else can successfully register an identical or confusingly similar mark for the same or similar goods/services – even if they had used it informally before (though there may be exceptions to this rule).
Note: Neither the Polish nor the EU office will automatically refuse the registration of a mark identical or confusingly similar to yours. To prevent such a mark from being registered, you must take action yourself by filing a formal opposition against the trademark application that conflicts with your earlier priority.
If you file a trademark application in any country that is a party to the Paris Convention (including Poland and all EU countries), you have just six months to file your trademark in other countries and claim priority from your first trademark application. This means that you retain the date of your first application as the priority date, which is decisive in case of a dispute over who was first.
Using convention priority is especially important for companies planning international expansion.
To effectively benefit from priority, you should:
File your trademark application quickly – preferably before you start using the name/logo. The application must include all required information, classes of goods/services, and necessary documents.
In case of foreign expansion, remember the six-month deadline to file in other countries and claim priority.
Note: Before you start using a trademark and before you file an application, it is advisable to conduct a trademark search to ensure you can safely use the mark without risking third-party claims.
If another person registers an identical or similar mark before you, they may assert their rights – including prohibiting you from using the name or demanding compensation. They can also successfully oppose the registration of your mark. That’s why it’s crucial to act quickly and not delay your application.
However, before applying for its registration to an IP office and before starting using the trademark, always check if your chosen mark is “safe” – by conducting a trademark search.
Priority in trademark application is a key element of brand protection. It determines who has the right to a mark and who can effectively defend it against unfair competition. If you plan to grow your business and build a strong brand, don’t delay registering your trademark-do it as soon as possible and secure your priority.
Contact a patent and trademark attorney from our law firm to avoid mistakes and effectively secure your rights.
If you need an assistance of a patent and trademark attorney, feel free to ask!
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific guidance, consult a qualified trademark attorney.